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Alamai reopens Leone businesses following 100K payment to court

Associate Justice Lyle L Richmond signed off on a stipulation, which allowed the Ala Mai Corporation to reopen Alamai’s Unique Merchandise, the Leone gas station and their Steinlager office in Leone. All had been closed down last month after the issuance of a writ of execution against Alamai Corporation and the Estate of Alex Galea’i.

 

On June 16, 2014 High Court Deputy Marshal Michael Nix and his colleagues executed the writ of execution regarding a civil matter with a Fijian company, Binaco Textiles Ltd. to which Alamai owes close to $800,000.

 

According to the writ, the Clerk of Courts “commanded” the Court Marshals to levy upon the personal property of Alamai Corporation.

 

“You are commanded to levy upon personal property of Alamai Corporation if any within your jurisdiction and if sufficient funds cannot be found, then upon its real property, and giving 30 days notice to sell the same or so judgment rendered against it in favor of Binaco Textiles Ltd.”

 

According to the writ, on January 24, 2012, a judgement was made in the amount of $749,945.41 collecting also legal post judgment interest thereon from the judgement date— at a rate of $123.28 per day— and the costs and expenses of levy, advertisement and sale. This followed an application for writ and execution filed by Charles Alailima, attorney for Binaco Textiles Ltd with the High Court.

 

A hearing was held mid June where Associate Justice Lyle L Richmond granted a stipulation filed by the parties which says in part, “the parties stipulate to release business assets to, and resume operation of, intervening parties”.

 

There was a condition of this stipulation wherein the intervening parties or Alamai family of businesses “shall deposit to the court registry $100,000 by June 27, 2014 to be held by the court until further order.

 

Samoa News understands that the deposit has been paid to the court. The Alamai Unique Merchandise, the gas station and their Steinlager office have all reopened. According to Fiti Sunia, attorney for the Alamai family, it was confirmed with Samoa News that Alamai has reopened. “The businesses (Alamai General Sales Corporation and Sunshine,Inc.) are operating as usual under the management of its owners. Neither the court nor Alamai Corporation (the debtor) plays any role in management, or holds any interest in the businesses.”

 

The writ of execution came at the request of Alailima for the court to direct the seizure of the personal properties of judgment debtor Alamai Corporation located at its commercial establishment in Leone last month.