4.1106 Appeal to High Court.
The Territorial Registrar or any person aggrieved by any official action of his may, at any time, apply to the High Court for direction or redress.History: 1962, PL 7-31.
Under territorial statutes providing that the registrar should not record any instrument appearing to be illegal, but that any person aggrieved by any official action of the register could apply to the court “at any time” for direction or redress, a lessor would not prevail in an action for eviction based on non-recordation of a lease where (1) the lease was initially recorded by the registrar’s office; (2) an acting registrar later attempted retroactively to reject the lease, citing certain alleged illegalities; (3) upon trial of the eviction action, defendant invoked its right to judicial review of the registrar’s action and the court found that the lease was not illegal and was therefore properly accepted for recordation. A.S.C.A. §§ 4.1104, 4.1106. American Samoa Government v. Samoa Aviation, Inc., 11 A.S.R.2d 144 (1989).
Assuming that deputy territorial registrar had the power to cancel the prior recordation of a lease had there been something genuinely wrong with it, an aggrieved party would have the right at any time to apply to the court for direction or redress, and the aggrieved party could exercise such right by alleging and proving in an action for eviction that the substantive bases for the cancellation were without merit. A.S.C.A. § 4.1106. American Samoa Government v. Samoa Aviation, Inc. (Mem), 13 A.S.R.2d 65. A.S.C.A. § 37.2020 (1989).