The Lands and Titles Division of the High Court of American Samoa has ruled that Calvin Tagaloa is both eligible and qualified to hold the matai title Moegu of Olosega, Manu’a, and has directed that a certificate of succession to the matai title Moegu be issued to Tagaloa.
The ruling in the title dispute was issued October 24 by Chief Justice Michael Kruse with Judges Mamea Sala Sr., Satele Aliitai Lili’o, Faamausili Pomele and Tunupopo Alalafaga Tunupopo.
The order stems from a filing made in 2008 when claimant Tagaloa filed with the Territorial Registrar his petition for succession to the Moegu title.
His claim was challenged at the time by Tuugaolo Malaki Logotaeao and the matter was referred to the Lands and Titles Division as a disputed claim for determination.
Logotaeao first moved to dismiss Tagaloa’s registration offer contending that the registration process was prematurely invoked by Tagaloa before the Moegu family had convened to discuss the title.
When Logotaeao’s motion came up for a hearing in March of 2012, Logotaeao was not present, having suffered what turned out to be a debilitating illness. In her stead, Aloma Langford sought to appear on Logotaeao’s behalf.
The court did not take up Langford’s substitution motion but instead ordered that the selection process be returned to the family for discussion, and dismissed the action by Logotaeao.
Two family meetings followed , one in Olosega in October of 2013 and another at Fagaalu in November of 2013.
The court noted that while the evidence suggested that Langford had actual notice of the meetings, she attended neither.
In October of 2014, Tagaloa filed a petition for succession to the title Moegu.
Langford objected to Tagaloa’s petition.
In May of last year, the Secretary of Samoan Affairs certified this matter as an irreconcilable dispute, suitable for determination by the Lands and Titles Division.
Trial was held this past August and Tagaloa and Langford both filed written closing arguments last month.
In its ruling, the court found that by not attending the family meetings to discuss the title successor, Langford has not complied with requirements of the law.
The court said Langford has not offered any credible explanation for her failure to attend and the court ruled that does not have jurisdiction to hear Langford’s objection to Tagaloa’s petition.
The court went ahead and decided Tagaloa’s succession claim to the title.
In its 7-page ruling, the court found that Tagaloa is eligible and qualified to succeed to the Moegu title, giving due regard to the eligibility requirement as prescribed by law.
The court also found that Tagaloa satisfied the criteria of hereditary right, clan support, forcefulness, character, personality and knowledge of Samoan customs and value to family, village and country.
According to the Court, the title Moegu has appeared on the matai registry from the outset yet the title has been left vacant and disused for a number of years.
Additionally the title dispute has been pending and unresolved since 2008.
“Tagaloa and his side of the family are keen to restore the family matai’s role on the Village Council as well as its standing within the village.
“We see no reasons to prolong resolution of this title vacancy indefinitely until Langford’s side of the family are ready to deal with the matter of succession.”
The judges said in terms of value to family, village and country, Tagaloa has singularly shown initiative to restore family prestige and reinstate the Moegu’s standing with the village.
”We are satisfied that Tagaloa has sufficiently shown that he is willing and able to provide beneficial service not only to family but also to village and government.”
