A civil claim brought by Samoa’s Associate Minister of Cabinet and Prime Minister, Peseta Vaifou Tevaga, against former Cabinet Minister, La’aulilemalietoa Polataivao Schmidt and others, in relation to a dispute about a nonu company, has been dismissed.
The decision was delivered by Supreme Court Justice, Tafaoimalo Leilani Tuala-Warren, yesterday.
In doing so, she has ordered the management of L.P.A. (Nonu Company) to be put back in the hands of Apulu Lance Polu, Martin Jonathan Schwalger and Danny Schwenke, Peseta’s son.
According to the Court ruling, Peseta’s cause of action was prompted by what he claimed to be a breach of director’s duties.
He accused them of preventing him from participating in the decisions or activities of the L.P.A. or from entering L.P.A. premises.
He accused La’auli of taking and having in his possession property of the plaintiff, including nonu juice and vehicles.
Peseta also accused his former business associates of breaching their contract by putting secured land at risk and for the conversion of vehicles that belong to L.P.A. to another company known as Maota o Samoa.
In court, Justice Tafaoimalo pointed out the land in question was used as collateral to secure the loan which belongs to Aldan Company Limited where Peseta is a Director.
The loan was from the Samoa National Provident Fund (S.N.P.F.)
The court ruling said, “The arguments advanced therefore that the land is Peseta’s land, is not technically correct.”
While Peseta claims that the defendants breached a contract.
“There was no evidence that Peseta, as director of Aldan, unwillingly offered his land as security,” said the ruling.
A criminal case against the former minister and his business partners is to be heard next year.
