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District Courts Act (No. 5 of 2016).

Country/Territory
Samoa
Document type
Legislation
Date
2016
Source
FAO, FAOLEX
Long title
AN ACT to repeal the District Courts Act 1969 and to apply reformed arrangements relating to the constitution, powers and procedures of the District Courts of Samoa and the Divisions of the Court, and for related purposes.
Subject
Land & soil
Keyword
Institution Court/tribunal Legal proceedings/administrative proceedings
Geographical area
Asia and the Pacific, Oceania, Polynesia, Small Island Developing States, South Pacific
Abstract

This Act continues District Courts established under the repealed Act as subordinate Courts of record, and those courts shall be constituted, empowered, administered and staffed in accordance with this Act. A District Court Judge has jurisdiction to hear and determine any action for the recovery of freehold land, or any interest in land, if the assessed capital value of that land or interest does not exceed $100,000, or the annual rental for that land does not exceed $20,000. The Court has no jurisdiction to hear or determine any action which in any way relates to or affects customary land. As for enforcement of judgements, a judgment or order for the recovery of land may be enforced under a writ for the recovery of the land. Regulations or Rules of Court may make provision in relation to any power or process relevant to the enforcement of judgments and orders, including issues relevant to irregularities in the execution of writs for the recovery of land, and liability arising from any illegal use of such a writ. The Act also provides with respect to the right of appeal against a judgement issued under this Act.

Full text
English
Website
www.palemene.ws

References - Legislation

Repeals

District Courts Act 1969.

Legislation | Samoa | 1969

Keyword: Court/tribunal, Legal proceedings/administrative proceedings, Access-to-justice, Land tenure, Ownership

Source: FAO, FAOLEX