Uiagalelei; Satele v.

SATELE MOMOSEA UOKA, Plaintiff

v.

UIAGALELEI IONA, UIAGALELEI LEALOFI,
TUIASOSOPO MARIOTA, and FALE FAIAI, Defendants

High Court of American Samoa
Trial Division

LT No. 17-86

December 2, 1987

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Party to case involving dispute over ownership of land must allow opposing party to survey the full extent of the land he claims, even though this encroaches on land claimed and occupied by first party.

Court will issue preliminary injunction against any party who refuses to allow surveys by opposing parties on land claimed and occupied by him.

Before REES, Chief Justice.

Counsel: For Plaintiff, Asaua Fuimaono
For Defendant Faiai, Charles Ala'ilima
For Defendant Tuiasosopo, Togiola T.A. Tulafono
For Defendants Uiagalelei, Aitofele Sunia

On Motion for Preliminary Injunction:

The Court has been presented with evidence that defendants Uiagalelei et al. attempted to conduct a survey in preparation for the. trial of this case and that plaintiff Satele Momosea and two other Satele family members prevented them from conducting the survey.

It is extremely important that each party survey the full extent of the land he claims, even though such surveys encroach on land also claimed by other parties to the case. The Court cannot [6ASR2d110]render a judgment for either side until it has an accurate picture of what is claimed by each and what is in dispute.

Plaintiff Satele Momosea, his aiga, and those acting in concert with him are therefore enjoined from interfering in any way with the efforts of defendants to conduct a survey on the disputed land.

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