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Ravea v Poru [1982] SBCLAC 9 (21 September 1982)

IN THE GUADALCANAL CUSTOMARY LAND APPEAL COURT


Held at Honiara on the 2ith September 1982


Before:
Javen Babaua
Savino Laugana
Stanley Saqoreghana
Jack Chaku
Dominic Alebua
Joses W Sanga
President
Member
"
"
"
Sec/Mag

Between: Dick Ravea (App)


AND:


Garimane Poru (Resp)


IN THE MATTER OF: An appeal against the decision of Aola Local Court Civil Case No. 1/81.


AND IN THE MATTER of Tatatu and Kokomu Land Disputes.


Simeon Batu sworn as interpreter for Garimane Poru.

Appellant's side open.

DICK RAVEA sob in English

We all live at Tatatu this was after we fight at Belagha. One of my bother made a canoe in Tatatu Land. Rurughu and Lana made the canoe. Rurughu is my brother. He is from Thogo line and Lana is from Gaobata line.

Tugaole said the land belong to him so the canoe made is his.

My brother asked an old man Gena who owned the land. He said Thogo line. Tugaole was not satisfy. Gena then asked Vakaole another old man to go to him so that they could identify the boundary.

They had a meeting and those involved were Gena and Vakaole and in attendance were Dick Ravea, Rurughu, Lana, Lokea, Buitu and Garemani Poru. This was in 1959.

The two people agree that the land belong to Thogo line not Gaobata line. Tugaole then was satisfied.

We remained in Tatatu until I decided to move to Audevalu. My brother still remain at Tatatu. Gena then asked me to return to live with him till he die. So I returned. This was in 1961.

My brother Rurughu then suggested we clear up a small island to plant us coconut.

Garimane Poru said his line stopped us from going ahead. We did not go ahead with our plan. He then said these lands belong to Thogo line.

Gena then asked when we should all go to him to know about the customs related to the land. Garimane Poru said when they got some paper.

Poru also said that we are christian and should not know about customs. So only myself asked Gena about the customs. He said my devil own the land. The eel (Mauvo) own the land.

I asked him about the Mauvo. Gena said the land belong to me. My devil is Mauvo. My priests were Manesolo and Berekeke.

I asked how this eel (Mauvo) came. He started with the giant that ate people in the land. He said the iland was not divided. It belong to everyone. We did not sacrifice to any devil. We did not kill each other. We did not pay bride price. We did not sell girls to another big man of another tribe (Seka). We did not sell women. At that time Sipolo was the head of Gaobata line.

The giant ate people from this island. Then Sipolo and Manibeti decided to ran away. They went to Gela, Marovo Roviana and Bogotu. Every people too ran away from the giant.

They left behind a girl who was already pregnant, Sipolo did not want to take that girl so she remained behind. She begat twin. Both were two boys. She nursed them until they were big.

The two boys asked their mother to make them play things. Their mother made for them two small bows and arrows and thought them how to use them. They then asked for bigger ones and used to get fish. Their mother would leave the fishes till night before she cooked them. This is repeted every now and then.

The boys began to wander why their mother had to cook at night they then decided to ask their mother why. They asked if there are other people around and why she cooked at night. She told them the giant might see the smoke of the fire and come and eat all of them. She warned them not to go far away.

The name of that woman is Dakirovanapita. The name of the two boys were Kadoravisu and Sivoetao. The boys made themselves bigger bows and arrows. The mother warned them that the giant lived up the river. They went out to fish but were intending to hunt the giant. They saw the river where the giant live at its head and returned to their mother with few fishes they caught.

They told their mother in the evening that they had followed the stream at which head the giant lived and had seen the giant. They then made tala and told mother that they would hunt the giant the next day.

The mother stopped them but they insisted. Their mother gave then a line, they told their mother if they did not return before night they were dead.

They went to the Salaka and and short three of its branches. They then saw the giant on the 4th branch. They ran quickly and tired the giant and shouted in victory. Their mother heard of this. They then cut the giants neck and carried his head down.

They then made a big fire at night so that Sipolo would see them from Gela. Sipolo saw this and wandered. He asked two people to paddle across and checked. They floated on the sea and asked what the fire meant. The woman told them that her two boys had killed the giant. The men then returned to tell Sipolo.

I asked Gena who returned first. Gena said Sipolo and Paradovu and Tedeotabo.

Gena asked me to ask Noah to come so that they could tell me about Sipolo's return. They said that Sipolo first landed at Botamoli in the weather coast before they come across the island. They then come to Diviu in the bush. Diviu is where the eel (Mauvo) was born. All these three people are from Gaobata line. My line come from Manesodo and Berekeke.

The Mauvo (eel) was begat by Sipolo's sister. This woman's husband was from my line. She threw him in the water. The water is Bolale. The woman returned and people asked for the child. The woman said it was something bad so she threw it away.

The women who went to wash in the water would often had the eel disturbed their private parts. Tey would bleed and would go home and told their husbands. The husbands would tried to hurt the eel but could not catch. They then decided to poisoned the water and the eel came to Boo river.

People of Nekana tried to catch the eel with a net. However the eel finally got to the sea and came to Tamulimani.

A pikinini saw this and told his father who fished for it. It broke the fishing line. The girl wanted the eel very much and many people hunted the eel.

Two small boys also hunted. They pulled the eel but the eel took them to Gela and the boys were left at Gela and the eel was killed at Gela and was eaten.

A girl took its tail and kept it in a water container and it became eel again.

By then Sipolo moved from Diviu and lived at Narande and Paradovu moved to Ngogodo, while Tideotaba moved to Teutoghoma.

Sipolo then told the eagle to search for the eel. The eagle sited the eel at Gela. The eagle told Sipolo that it could not take the eel because it was well kept by two girls.

Vuvugho and Gagaukaoka and Olivo want to go and eagle flew them to Boromole. Vubugho and Gagaukaoka went down. The eagle said if they hear him cry then would go.

Vuvugho and Gagaukaoka wait and played at the veranda of the house where the eel was kept. The two girls were attracted by the birds. They tried to catch the pigeon but they escaped after them but they moved.

The birds cried and said they were far away. The eagle went down the house and took the eel. The birds came and landed on the wings of the eagles and they flew away. They then landed at Bokembo river mouth. They came up stream to Kambiriko and then to Supue mouth and flew across to Vouoro and then to Goraki. Before it get there it rested at a tree called Le.

The eel fell off and went into the water contained in the Le tree. The eagle went and search on the ground but could not find it. The eagle went to Sipolo and told him about the accident. Sipolo said that is beyond his controll.

Sipolo then moved to Davo, Tideotabu then moved to Pota, Paradovu moved to Aleale, but Sipolo asked him to go down to the riverside at Ahova.

The tree burst and the place became a lake of mud. The eel live there and there are a lot of eels living in the lake.

Two children used to fish in the lake and often seen their dog arrived on the other side of the lake before them. One day the two boys spied what happened. When the boys went to drink, the eel would come up and carried the dog to the other side. The boys went and told the villagers.

The villagers helped them to find the eel. They could not find it because the pool was so big. They decided to cut the tree. Before it was dark rain came and the pool was flooded with water and the eel escaped into the big river. It left marks of its head in the rock. The name of the deep at the river was Tenapira.

That deep belongs to me. The land at Tangikio also belong to me. Gena and Tavari Noah said these to me. The eel wanted to cut the part but Tideotabu said it must go along the river.

People of Tideotabu wanted to catch the eel but it escaped. The net was taken and dried at Vatunipopobi.

The eel then finally came to Kokomu but Sipolo would not allow it to stay there. Then it came to Tatatu at Sugi. The eel wanted to take short custs but Sipolo would not allow it so it follow the river and again want to short cut at a bent but Sipolo would not allow it.

It then short cut at Aruva but Paradovu fenced with mula. So the eel returned to the point where to short cut from and went into the ground. The other people then search for the eel.

The two children who saw it tried to find it in the ddep which they would identify. They cut sticks (Lighi) to lever the eel with. They saw the deep at Nagulovaolu and decided that the eel might live there.

One of them dived and saw the eel and made thorough examination and identified it as the eel. They tried to puul the eel with canes but each time it broke. So the men decided to kill the two boys.

One of them went to prove the two boys but he suffocated and returned.

The two boys told the eel they would be killed so they asked what ehy would do to pull the eel with. The eel told them use only one grass rope and garden ropes. They then pulled the eel to the riverside they tried to move the eel with the sticks but were broken.

The eel told them with the sign. Then Sipolo, Paradovu and Tedeotabu came and cut up the eel and shared them amongh their own people.

Manesolo took eight of its bones and put them at Kokomu. The head of the eel was taken by the two boys to a pool Ngalebare. The eel burst at night and every people including dogs died except a woman who gave them water.

Gena and Noah said that the first devil to be sacrificed for is the eel. Sipolo and the others came later. Manesedo and Berekeke started Kokomu first.

Manebeti landed at Weather Coast and came in the bush. Before that they were frightened to go to the bush.

I shall now talk about the snake. Viri line at Nembo and his sister begat Kina and Natobia. She got pregnant again but begat a snake. She delivered the snake in the garden. She threw the snake away in a hole at Banisou. The people went to garden rattles the dead leaves and the snake came and eat the men.

The people asked those related to the snake to kill the snake. Viri went and rattled the leaves again. The snake came up and Viri cut the sname into eight pieces. He returned and big rain fell and land slides took place.

A devil met the man. Viri said he was going to die. The devil said to call his own name. He did so and the rain ceased.

The snake's tail flooded in the water and came to Kokomu. Two children saw the tail in the water and took it. The children are Tio and Siu. They claimed the tail as their own. They showed it to the old woman in their house. The old woman agreed to them keeping it.

Peopled found the other pieces but not the tai. They tried to follow the water doen the stream. They assumed the was has carried it away. They were given the titha bark to stop from hunger.

They search and traced the blood stained at the two pools at Namunapusolotona and Namunapusolau. They then found the blood in the log near two other pools. Finally they found the snake tail at Kokomu where the two boys were. They were not allowed to take it, although they asked to take it. The people then take the snake back after they have built a house for it.

On their return they planted titha at the river mouth.

My old men then took the bones of the eel to Tatatu and let the snake tail to stay at Kokomu. So the tail grew and became snake and stayed on at Tavuinakalai at Belaga. The snake was then removed to Kolokipao knowing that it will kill people. The snake then ate a child while picking nuts.

Tina and Tobia took away one of the bones of the eel fish. The tow other lines also came afterwards and took away another piece of the bone.

I gave a piece of land at Tatatu to Tina and Tobia. The name of the land is Tenakura which is divided by river. One side of the river Punaina.

I gave Kgoimata land to the Amoga line.

The president said he did not decided the case, only his two justices.

The Local Court did not allow me to take any witnesses. I asked them to come now but they refused. Only two are here. They may change their story but before the court they said the Lind is mine. I only came from Diva and Bulalale but I do not know who I left behind.

XXX by Respondent.

Q.
Why do you want to claim Tatatu Kokomu and Tenakura & Vugaina?
A.
Because of the first arrival of the eel fish. My ancestors too came first.
Q.
Why didnt I hear your name in relation to the land until recently?
A.
You came after me. Your land is at Kolokipao.
Q.
Why do not I own the Kokomu land as the snake belong to me?
A.
The island of Kokomu was discovered by eel fish. Snake came afterwards.
Q.
Which is first eel fish or snake?
A.
Eel.
Q.
But why did the snake help to eat part of the eel?
A.
I do not know.

No further questions to ask.

XXX by Court

Q.
What does Ravenibita means?
A.
Bita means land. Raveniabita means someone owns laud.
Q.
Name of her two children?
A.
Kadoramuso and Suvokoetao.
Q.
Are these children from bush?
A.
The woman started from bush.
Q.
Where did the giant live?
A.
At Longgu via Marau.
Q.
Did the people from Gela happy about the two boys killing giant?
A.
They danced and feasted.
Q.
Who started from Gela after the children?
A.
Sipolo.
Q.
Who is the woman?
A.
Sipolo's sister.
Q.
Why do you Thogo line tell something about Gaobata
A.
This is okey.
Q.
Where did the woman delivered the baby?
A.
In the cave neat Totongo near the sea.
Q.
Is your story true?
A.
I am testifying about how I come to the land. I have many tambu places.
Q.
Where did the giant live?
A.
It live at the Sabaha tree. The Sabaha is at Pore. I do not know but only believe.
Q.
Is this story true or not true?
A.
I do not live that time.
Q.
What did the two children take from the giant?
A.
Its head.
Q.
Where is it now?
A.
I do not know.
Q.
Where did the name Kadaravuso came from?
A.
Longgu in the bush.
Q.
Why didnt the woman go to Gela.
A.
Because she was pregnant and that was custom.
Q.
Who was the man who landed at Sabala?
A.
Maniheti
Q.
Why didnt they land at Tasimboko?
A.
They thought the giant is still alive.
Q.
Who is eel's mother?
A.
Sigili and sometimes called Tirina'alu.
Q.
Which of Tatatu and Kokomu did the woman live?
A.
Tatatu.
Q.
How do you know Tatatu and Kokomu are your lands?
A.
My ancestors came first.
Q.
Was the eel already devil when it went down stream?
A.
Fish.
Q.
Is the eel belong to Guadalcanal?
A.
No only only Thogo line.
Asked Garimane if he heard the questions asked by LC and answers made by Ravea.
Garimane said he heard court asked the question and also heard Ravea replied saying no.

No witnesses to call.

Appellants case close.

Respondent's side open.

GARIMANE PORU sob in Lengo

The Vigona (snake) landed at the beach at Aola at Sulolo. This vigona went yo the ridge at Keredani and went to Vanathia. A village started and its tambu place was built.

Lala and Ponokuria of my line could bring pigs from Belaga and sacrificed at the tambu place. While at Vanathia they planted a sugar cane which broke 5 houses. Because of this they separated, one group remain and one group moved away.

The group moved to Talulava. Another group followed the river and lived at Kokomu, These two groups reached Pekegaro before they separated. They came to a cliff and could not get across. One of them put his pennis across the cliff. There were one and half thousand people who went across the cliff along the pennis that day. These people were those who settled at Talulamu.

Another one and half thousand people went across the Bokokembo river. These people went and settle at Kokobu. They remain there until now. That is why I claim Kokomu. The tambu places there are all mine. The woman there are from my line. There is no other line that own the tambu places there. The people of my line only sacrificed in that line. There is no other line.

Before my mother died, my brother and I took part in making sacrifice. Five pigs were offered then. The people who could sacrifice at Kokomu were Konda, Ponokuvia, Lana, Tole, Tarunga and Rorongo. I do not know of those beyond these person who sacrificed in Kokomu.

One day Besa want to work in the land (Kokomu) and brought a pig as present to Tole my uncle but Tole said there is no need for that present but Besa inisted and Tole accepted the pig and Besa used the land.

If Besa gave the pig to Kick Ravea's side it would mean the land belong to them. But Besa brought pig to my side so the land is my land.

Within Kokomu is a small area knows as Tahthari also knows as Tavaliga. This piece of land is not allowed to be used for gardens excpet on sacrifices of pigs before it was used. My brother fed pigs and sacrifice before using this but he did so I killed the pigs.

At present I work around that area. But the tambu area remain as it was.

I live in the ground now and I do not want to move away. My ancesters died in the land so I must also die in the land. I do not want to take the others to by lands.

The woman who Ravea talked about is from my line. She was the one who brought taro for sacrifice. Ravea said she put the taro at the mouth of Saralingi stream. This is not true. She left the taros at Tenakote. After this at Tenakote taros planted then grew healthy.

Firstly Tenakote belong Gaobata line. So Gaobata line away this land to Thogo line from which I am. The hole in the lands belong to me. Boundary of Kokomu is close to the entrance of the hole.

The devil at Kokomu is for three ridges, Tenakura, Vugaina and Tenoga. My ancesters asked the devil not to be angry with the people who work on the ridges. I own the land but anyone at all can work in the land. There is no rows from before.

Dick Ravea and others work in the land and there was no row amonghst us. Only recently Ravea raise us this case and I do not know why he disputed the land. Ravea is my relative (Uncle.)

To my understanding there is no bones of the eel placed at Kokomu. There were no house that contain the bones of the eel.

The bones were placed at Tunanipego, Tenarara, Vanganamumu. I held the bone of the eel in my hand at Vanganamumu when the house was vapoured. There was house that shelter the bones.

Vanganimumu is Gaobata's tambu place. Tenarara belong to Gaobata line. It belong to Sipolo. Tinanipego is Ravea's tambu place.

In the first place Tatatu is my land my ancesters work there. They were Konda and Porokuvia. A bushman came and put his devil there. He brought a pig, charcoat, stone and pigjaw.

He saw Thogo and Gaobata lines at Belaga. These two lines did not know who the mane came to see. They each had a meeting. Gaobata refused the man and Thogo accepted the man.

Thogo line then put him at Tatatu. They put him only for a while. After two days they killed the pig, sacrificed and the man returned to the bush. He is Talugulea. Only the two people who used Tabatu attended the sacrifice. None of Ravea's side came. Konda was the first to make the sacrifice then Ponokuvia then Lala, then Manegelea. After Manegelea the tambu place was no longer used.

XXX by Appellant

Q.
Where did the snake came from?
A.
This snake (vigona) came from Gela.
Q.
What is its origin?
A.
I do not know.
Q.
Who own the land at Vanadia before the row about the sugar cane?
A.
Pore and Karovo. They live there before those came from Sulo comes.
Q.
If Pore and Karovo were also devils then what about the snake?
A.
Pore and Karovo were humans but had later on turned into devel.
Q.
Where id they die?
A.
At Tadolau and were buried there.
Q.
Which is first place they occupied?
A.
Vanathia.
Q.
Where did the one and half thousand people across the river live?
A.
They live at Kokomu. They were devils.
Q.
How many snakes were there? One from Gela and one stayed back at Kokomu?
A.
There is only one arrival and those arrived at Kokomu.
The snake arrival was before the people escaped from the giant to Gela.

No further questions.

Q.
Which line did one and half thousand came from?
A.
From Thogo line - my line.
Q.
Tideotabu - which line was he from?
A.
Gaobata. He gave Tenakote to the woman.
Q.
Are you and Ravea from the same line?
A.
Yes Thogo but from different branches.
Q.
Who do not you have one devil?
A.
In Thogo line one branch have the Vigona and one has Mauvo.
Q.
Why is this so?
A.
Because of the ancestors.
Q.
Did you separated because of any incident in your generation?
A.
I do not know.
Q.
What is your devil?
A.
Snake.

No Further questions

GEDEON LOKE sob in Lengo lanquage

Kokomu land belongs to Poru. Tambu places in the land belong to Poru. Pones ancesters sacrificed using the tambu places. I saw them did this. The pig that is offered is Sombuvuthia. This belong to men. The other pig is Bebea. This belong to women.

Vurua was the one who made sacridice on the main sacrifice place. He is Poru's uncle. Tole too could use the main sacrifice places. On Tole's death Solesavua took over as priest.

Another evidence in favour of Pont is the stone Kerebego. The Kerebego means roasted taro. This was used to cause the taro in bad season to flourish and rootbearings.

Tenakote line boo belong to Poru. This is near Kokomu. The Tenakura is part of Kokomu land. Vugaina too is part of Kokomu land. Maraka and Telonga are of Kokomu land too.

I gave the whole area of Kokomu to Poru. I do not take it back. The deep at Luvanakake belong to Poru. This is because one of Poru's ancesters feel with his taros in that deep.

Tatatu was given to my father by Poru. My father's devil is also a vigona. This is not the same vigona which Poru has. Manegelea is my father.

Poru allowed a small piece of land at Tatatu to my father to use for gardening. This is understanding.

XXX by Appellant

Q.
Who brought this Kerepego?
A.
A woman from Pones side. She is Posokera.
Q.
Where did she come from?
A.
From the bush. I do not know where she started from.
Q.
Why did you say to me before that Maraka and Telonga are mine - now you change your story.
A.
I said Porus because my father work there on Poru's line's permission. Vurua, Tole and the the others allow my father to use the land.
Q.
Where did these men live?
A.
Belaga and is part of Kokomu.
Q.
Why do we have different line between Kokomu and Belaga.
A.
This because people from Belaga could go to work at Kokomu and return.

NO further questions

XXX by Court

Q.
Have you seen your father offered sacrifice?
A.
Yes.
Q.
Is the woman's pig belong to devil too?
A.
Yes for women.
Q.
Ravea's father sacrifice too?
A.
No.
Q.
Did you also help in sacrifice?
A.
Yes.
Q.
What devil did your father worship?
A.
Mauvo.
Q.
Is this the same mauvo that belong to Ravea?
A.
Yes.
Q.
Where is its tambu place?
A.
Balo, Ambua, Tinanibego and Tenabea.
Q.
Any of these place situated at Kokomu or Tatatu?
A.
Not in Kokomu and and not in Tatatu.
Q.
Whom did Rorongo Tole and the other worshipped?
A.
Vigona.

No further questions.

RW2 TIMOTHY THULURONGO sob in Lengo language

Poru is my uncle and we own these lands. We are told by our ancesters.

I also took part in the sacrifices at Kokomu. My pigs too were sacrificed at Kokomu. I am sure that the land at Kokomu is our land.

I do not know how Ravea took us to court. We must find out who own the land. Poru had said everything.

XXX by Appellant.

No questions.

XXX by Court

Q.
What is the name of the pig you fed?
A.
Vuthia.
Q.
Which devil do you offer the pig for?
A.
Vigona at Kokomu.
Q.
Did Ravea also help in sacrifice?
A.
No.
Q.
Did he live far away or a yet a child?
A.
He live in the same place. I did not see his mother feed pig for sacrifice.
Q.
How far is your mother from Konda?
A.
I cannot trace.
Q.
Are you and Poru related with Ravea?
A.
Same line but different groups.
Q.
Do you believe Ravea has his own land and devil?
A.
We worship vigona and Ravea worship the mauvo.

Tenakote, Muraka parts of which lands are there?

Kokomu.

No further questions.

RW 3. ALPHEUS BUTU sob in Lengo language

To my understanding about Tatatu land belong to my father. My father sacrificed at Tatatu. I saw this and also joined in the sacrifice.

The devil at Tatatu belong to my father Manegelea and Ravea is Manegelea grandson. I do not know which man gave my father the land. I do not know of my man in particular.

During my early age I do not involve much with other lines. I kept myself with my family

XXX by Appellant.

Q.
Do you know of any other place belonging to your father?
A.
My father also work at Maraka hut do not know if he owns that land.

No further questions.

XXX by Court.

Q.
Have you seen your father sacrificed at Tatatu?
A.
Yes.
Q.
To which devil?
A.
Vigona.
Q.
What is the name of the pig sacrificed?
A.
There are two - one Tatatu and the other Thattelonga.
Q.
Can woman eat one of the pig sacrifice?
A.
No.
Q.
Any one of the pigs sacrificed to mauvo?
A.
I do not know.
Q.
Are you related to Gedeon?
A.
My brother.
Q.
What devil belong to your father?
A.
Vigona.
Q.
Have you heard from your father about the eel fish (mauvo)?
A.
My father also helps in terms of pigs for mauvo place near the river.
Q.
Is it in Tatatu?
A.
No.

No further questions

Case for Respondent close.


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