(a) Before issuing a preliminary injunction or temporary restraining order the court shall, except when the injunction is granted on the application of the United States government, the government, or an officer or agency thereof or on the application of either spouse against the other in an action for divorce or separate maintenance, require a written undertaking on the part of the applicant, with sufficient sureties as the court may determine to the effect that the applicant will pay the opposing party the costs and damages not exceeding an amount to be specified, that the opposing party may sustain by reason of the injunction, if the court decides that the applicant should not have been entitled to the injunction or that he should pay the damage as the court may determine.
(b) In matters concerning disputes or controversies over communal or aiga land and matai titles only, before the full and final trial on the merits or permanent injunction can be held, the matter shall first be referred to the department of local government pursuant to 43.0302. The security or bond herein required shall be waived if and when the application for injunction is sought by the sa’o of a Samoan family to enjoin or prohibit a party from taking, conducting, or effectuating, specific action or activity on matters pertaining to communal or alga land or matai titles within his own family where he is the sa’o. The sa’o is the only authorized person under this act to bring such an application, unless the matai title of the sa’o is vacant or that he is incapacitated on such events, at least two blood male matai members of said family over the age of 18 may bring such an application and security thereof be waived. If the family does not have blood matai male members, then on such an occasion, at least two blood members of the family over the age of 18 may bring such application and the bond be waived.
History: 1981, PL 17-6.