43.0303 Orders prior to proceedings-Effect-Modification.

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(a) If the Chief Justice or Associate Justice is satisfied that a dispute which is within the jurisdiction of the Land and Titles Division has arisen between Samoans and is likely to be the subject matter of proceedings under this chapter, he may, at any time before the commencement of proceedings, make such order as to him may seem just to restrain any Samoans from:

(1) remaining in possession of or entering upon any Samoan land;

(2) holding or using any Samoan name or title;

(3) exercising any right or doing any act, matter or thing concerning or affecting any Samoan land or any Samoan name or title.

(b) Any order under subsection (a) may be made ex parte or otherwise and shall remain in full force and effect until the final judgment of the Land and Titles Division. The presiding judge may, at any time after the commencement of proceedings and upon the application of any party affected by such order, modify, vary or rescind the same.

History: 1969, PL 11-54; 1970, PL 11-119.

Case Notes:

Temporary restraining order enjoining defendants from clearing, etc., is proper under subsection (a). Tuilefano v. Beaver. ASR (1978).

Holding on Sofa’i in disregard of court order restraining defendant from participation in Sofa’i constitutes civil contempt. So’oso’oali’i Muasau Sotoa v. Leifitele Sinapati Sotoa, MT No. 003-86 (5/13/86).

Court may enjoin person wrongfully holding himself out as holder of matai title. Togiola v. Tafesilafa’i, 4 ASR2d 54 (1987).

Court may enjoin a person from holding himself out as the holder of a matai title that has been lawfully registered in the name of another person. A.S.C.A. § 43.0303. Togiola v. Tafesilafa’i, 4 A.S.R.2d 54 (1987).

In apparent recognition of the unusual nature of interests often being asserted in Samoan land disputes, the territorial legislature has provided that in such disputes a justice may make such preliminary orders as to him seem just to restrain any Samoan from exercising any right or doing any act, matter, or thing affecting or concerning any Samoan land pending the outcome of the litigation, without requiring that any specific irreparable harm be shown. A.S.C.A. § 43.0303. Leaana v. Laban (Mem.), 12 A.S.R.2d 93 (1989).