MANU M. LEALAI, Appellant,
v.
VALOVALO
AOELUA, Appellee.
High Court of
Appellate Division
AP No. 20-95
April 11, 1997
[1] There are four criteria to be
considered when deciding a matai title: 1) best hereditary
right; 2) wish of majority or plurality of the family clans; 3) forcefulness,
character, personality and knowledge of Samoan custom; and 4) value of
candidate to family, village and country.
[2] The trial
court’s findings with regard to matai criteria
can only be set aside if clearly erroneous. [1ASR3d13]
Before RICHMOND, Associate Justice, GOODWIN,* Acting Associate Justice, WALLACE,** Acting Associate Justice, LOGOAI, Associate
Judge and SAGAPOLUTELE, Associate Judge.
Counsel: For Appellant, Togiola
T.A. Tulafono
For Appellees,
Afoa L. Su'esu'e Lutu
OPINION
On May 12, 1992, Valovalo
Aoelua ("Valovalo")
offered the title "Aoelua," one of four
High Talking Chiefs for the
[1]
A.S.C.A. § 1.0403 sets forth four criteria to be considered when deciding
a matai title: 1) best hereditary right; 2) wish of
majority or plurality of the family clans; 3) forcefulness, character,
personality and knowledge of Samoan custom; and 4) value of candidate to
family, village and country. After
a trial on the merits the court found that Valovalo
prevailed on the first criterion; that no one prevailed on the second
criterion; that Valovalo prevailed on the third
criterion; and both candidates ranked equally on the fourth criterion. The court then awarded the title to Valovalo. Manu
appealed.
[2]
Manu appeals, submitting that the trial court's findings are in error. This court can set aside findings of the
trial court only if they are clearly erroneous. Uigagalelei Iona
v. Ulufale Safue, 17 A.S.R.2d 158, 160 (App. Div. 1990). Upon review of the
record we find that there was substantial evidence to support the trial court's
holding.
The decision of the trial court is affirmed.
It is so Ordered.
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