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Kwaesiko v Kabui [1975] SBLC 1; Malaita Local Court Land Case 3 of 1975 (10 July 1975)

IN THE MALAITA LOCAL COURT

LAND CASE NO. 3/75

Name of land in dispute: TOP URAIA or URAIATOLO

BETWEEN:

JOE KWAESIKO
OF SBITANA VILLAGE, NORTH EAST MALAITA
Plaintiff

AND:

FRANK KABUI
OF MANAKWAI VILLAGE, NORTH MALAITA
Defendant

10th July 1975

DECREE

JUDGEMENT

Court finds that Frank Kabui is the true landowner of Joe Kwaesiko is his true relative and assistant in the land of Uraia. Court finds also that the land was not given to Kwaesiko freely by Tooniwane. But Kwaesiko is the caretaker or the controller of the land for sixty years in the absence of Frank Kabui. Nearly Frank Kabui is losting his land and his leading away nearly out of date and very old, but for he was the first man to settle on the land he should be the head.

It looks by the Court that Frank Kabui had forgotton all about his land, and no early properties, only his old Beuabu Uraia by named, and his old akalos (dead man) at the Beuabu of Uraia.

So therefore Joe Kwaesiko is his true land keeper and relative. Frank Kabui should not driven out Kwaesiko but to look at him as his brother and very good land keeper for sixty years and the land was safe for Frank Kabui to come in again and own it for them.

Court finds too that Joe Kwaesiko has many properties on the land. Kwaesiko's own properties such as bury grounds, ngali nut group and other fruit trees, village places and other things are 18 on the land of Uraia. Court sure that Uraduia men were not friends to Uraia men, Uraia not handed over to the hands of anyone of Urudatie, but Masu, (J. Kwaesiko).

Spearline for Uraia, the right one. La'ane to Aina'aibu down to Kwairafosi sea coast north side. Then from sea coast Garota to Lika on to Raeariai up to La'ane east side. Court believe no other spearlines.

DECISION: Frank Kabui is the true landowner of Uraia. Joe Kwaesiko is the second or have the right in it.