(a) The High Court shall hear and determine any disputed claim and after decision shall certify the successor to the title as determined by law to the Territorial Registrar for registration.
(b) The Territorial Registrar, upon receiving the certification of the court, shall issue to the successful claimant a certificate of registration as in the case of undisputed claims.
(c) In the trial of title cases, the High Court shall be guided by the following considerations, in the priority listed:
(1) the best hereditary right, as to which the male and female descendants are equal in families where this has been customary: otherwise the male descendant prevails over the female:
(2) the wish of the majority or plurality of those clans of the family as customary in that family;
(3) the forcefulness, character and personality of the persons under consideration for the title, and their knowledge of Samoan customs; and
(4) the value of the holder of the title to the family, village, and country.
(d) The court shall issue a written decision that must contain finding of facts and conclu-sions of law on each issue under (c) above.
History: 1962, PL 7-38; 1968, PL 10-61; 1970 PL 11-11 amd 1982, PL 17-43 § 1.
Amendments: 1982 Amended generally: subsection (d) added.