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Alaikona v Suianoa [1978] SBCLAC 1; MD/LAC/21 (24 November 1978)

CUSTOMARY LAND APPEAL COURT

MD/LAC/2I

The court consisted of:-

Sat at Malu'u at 0900 hrs on 23rd November 1978

JUDGMENT

This is an appeal from a judgment of Matakwalao Local Court given on 1st July, 1974 in a case between Alikona and Suianoa in which the court said the land of Tekwali was owned by Suianoa.

Against this judgment Alikona was appealed. The court has considered the appeal points, the other points made by the appellant and respondent and the evidence. With the agreement of the parties the court did not survey the land. The court has looked at the proceedings of the local court.

Tekwali Land has the following spear lines:-

Kukuru river on one side. Manakwai river on the other side. On top of the spear line is Faudiko across to Iuamandarua coming through Malamoli. On the bottom is saltwater.

This court thinks that local court has right in deciding that Suianoa is the owner of Tekwali land. Nothing said in this court makes us think the local court was wrong.

Decree

It is decreed that Suianoa is the owner of Tekwali land. The appeal therefore fails. No order as to costs. There is a right of appeal to the High Court on a point of law within three months.

24th November 1978.

Timeous Toioli
Alec Nonohimae
Enoch Fisu
Kadmiel Kinifu
Francis Daly.