In re Mataubea Land - continuation of Civil Case No 34 of 79 [1980] SBLC 4; Civil Case No 8 of 80 (26 March 1980)

Note:- This is the continuation of Civil Case No. 34/79 that was held on the 11th January 1979 at Gongona Village this case had been postponed when the Plaintiff needed his second witness. The case number is now changed as this is a new year for new cases.

Our ancestors were not quarrelled on our lands until Sapaige owned them. The first wife of Sapaigea my dad had married was Teputu the mother of Maitaki. Dad though that all his lands will all be owned by Maitaki his son, but when Sapaigea married his 2nd wife Masiika by name who was my mother, thus be divided them up among us. My dad got his daughters and four boys from his 2nd wife. These four boys are Tepuke, Haikiu, Mamata and I. Unfortunately Mamata died. We were at Kongobainiu with dad and mum when dad told his wife how he had married and got his son from Maitaki, but seeing I got married you and got those boys, I will divide my lands among them. He had given Sa'apai for Maitaki. He gave Kongobainiu for Tepuke, I was given to own Mataubea which is disputed and Kaikiu was given Hongamugava. This distribution of our lands was confirmed by our dad among three of us as brothers.

Some years later, my dad went and brushed a placed called Gongomangu and settled there. While dad lived there, he changed his distribution of lands on us again. He gave Gongomangu for Tepuke, then he gave me Kongobainiu and Haikiu was given the land Mataubea. My mother asked him why he kept on changing his lands distribution among his sons. He said, because I would like Haikiu to own Mataubea as his land at Hongamugava was only a little end of land. It was then Haikiu was given the land Mataubea hand. Maitaki was excluded from 3 of us when dad made this changes. There were two people in our family that dad had given them two lands. Maitaki and Haikiu. Maitaki was given to own the lands Sa'apai and Tegeva and Haikiu was given the lands Mataubea and Hongamugava. Tepuke and I got one each of land. We also got some garden areas that dad had also divided them among us. Maitaki was given Tabeibagu and Bosu. Baitupu was given to me, Asaba was for Tepuke. Teutua will be owned by the one who will be at Kongobainiu. Haikiu was not given any garden area. This is how our dad had given us those lands.

Maitaki knows it so as our brothers and sisters and our mother. We were separated and lived on those lands and not very long after, dad died.

It was then, Maitaki took Gongomagu land. Mum used to dispute with him about it. Maitaki told mum he got it because she had married to Satiasi the brother of our dad Sapaigea. This married of Satiasi from mum does not mean that the lands were our dad had shared among us were changed. Satiasi for sometimes involved in the disputing of Maitaki and mum when Maitaki would like to harm my mother with his knife or axe. Satiasi used to tell Maitaki that he had married my mother after her husband Sapaigea had died, because he would not like Masiika to take her children away from their place. Then Maitaki had asked my mother to leave her the land so that he could live in it and after he forgets the death of his father as he was exceedingly sorry about it, then he will give the land back. Mum accepted his request according to his promise. Not very long after that, Maitaki came to Kongobainiu where we were and demanded us to leave the place. Mum quarrelled with him about it. We have seen what had happened but could not do anything because we were only little boys. Maitaki was critized by the people who came and listened while quarrelling with mum because he was so selfish on our lands. Maitaki even got control over that big paddock of coconuts at Kongobainiu. Maitaki however left that land but told mum he still owned those coconuts at the land. He went back and lived at Gongomagu. This was our situation during heathenism.

When christianity came in 1938, we were all gathered and stationed at Gongona. When the people were separated as they went to different villages, Satiasi and his wife went with Matthew Taupongi to Pebaegangi at west Bellona and Maitaki left behind. When we grew up, Tepuke would like to go and brush his land at Gongomangu knowing it his land given by dad but I had stopped him even though we know Maitaki was wrong.

In 1940 Maitaki had asked mum to make his garden at Mataubea. Mum had him after she had explained how our lands had been taken. Mum had kept that land as for her son Haikiu. In 1946, Maitaki had built his church building at Sa'apai after there was a quarrel between him and the people of Gongona. In 1947, Maitaki took Mataubea land as his. Tepuke had seen him brushing there, but he told Tepuke that he was only brushing it for clearance to his church building. Tepuke did not bother about it then. Mum was taken to Tahanuku Hospital when she was sick in 1951. We brought her to Baigau after there was no improvement for her treatment. We took her to Mataubea in her request and if she would die, she will be buried there. After one month, Matthew Taupongi asked to take my mother to his place at Pebaegangi as we did. The land was left as it was and after some years as I could not remember the year, Tesua built his house at Mataubea land. He also planted his young coconuts there (2 young coconuts) Esther had wrote a letter to remind Haikiu why he did not worry about what Tesua did. Haikiu told me but I told him just to forget it and let Tesua lived there as he has no land. In 1962, Maitaki and I met and talked over about our lands. Maitaki had told me that Tanguika the brother of Tesua was annoyed I did not give him any land.

Maitaki told me that he only got 3 lands but divided them from his sons Mo. Takiika, Kaipua and Taugenga. He also stated that the rest of his sons will only live in one land as it shows they have no land.

He also stated that he had owned lands but when we grew up and got them, then it left nothing to him. He also told me it took him by surprised when he saw Tesua built his house at Mataubea land, without my permission and Haikiu. He also mentioned that the coconuts of Tesua were not by his permission and Haikiu. I had replied to him and explained how Tesua got the land of Haikiu, and also I had told him I had told Haikiu not to worry on it but let Tesua lived there because he has no land to live. That was our conversation concerning our lands. Maitaki had told me Tanguika got his area of land above Matabaigei land. That was how Maitaki and I used to discuss our lands that were taken by Tesua and his brother Tanguika. In 1976, Tesua had asked me in Honiara as I went over to him in White River, if I were to come home, I will look after his land Mataubea. I told him that he had asked so many people to look after his land. After he kept on insisted as to come home and in charged of his land, I told him just to leave it as it is. When I came home with my family, we lived at Mataubea after I had pulled down my house for repair. The wife of Maitaki did not want us to live at Mataubea. I told her that Mataubea is of Haikiu but Tesua was only allowed to live there. I had also mentioned that only the family of Tesua and ours can live at Mataubea land but not the wife of Maitaki. The wife of Maitaki and I had a big quarrelled about it after I went to Honiara. Tesua asked me to come and see him. He told me when I went to him, he had seen the key of his house at Mataubea sent by my wife to him because of her rowing with the wife of Maitaki. So he asked me just to leave his place as it is. I had critized him for allowing the wife of Maitaki over ruling him as she did to her husband. I told him not to allow his land at Mataubea to the family of Maitaki nor my family because it had troubles into these two families. He had agreed with my suggestion. When I came home, I found the family of Maitaki using the coconuts in that land and they told me as I asked them that it was Tesua who had allowed it. I wrote a letter and put it at that land that every property at Mataubea were not to be used by any body. My letter of notice was spoilt after 2 days.

I told the wife of Maitaki that if they were disputing at Mataubea with or against our family, they should have given a place for Tesua because the land is of Haikiu. I had received a letter from Tesua and told me that Mataubea is not of our family. He also had challenged me to report it to the court. He also told me that the land concerned will be dealt with in custom and not in court. I wrote back in reply and told him that I am only in the state of getting sympathy at him and allowed him to live at Mataubea but the land is of Haikiu. We had wrote several letters about the same problem on Mataubea land. I had stated to him that Mataubea is only concerned Maitaki and Haikiu and I but he is not. We came home from Honiara and I told Haikiu that we will try and get Maitaki to talk about our land problems. I went back to Honiara but told Haikiu to talk it over with Maitaki. Haikiu came behind and told me he have reported Maitaki on the land. I told him how I had suggested the problems of our family to be settled. Anyway, I was called as a witness to the case. Even when I just came home by now, I would like us to meet and discuss it but Tesua does not agree as he prevents Maitaki not to.

A woman named SIKO told me as Tesua told her that Mataubea land was not given to him by anybody. The land is of me by myself. SIKO told me as Tesua had told her. I could not know how Tesua got it. END.

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Q.	Who gave Mataubea land for Haikiu?
A.	Sapaigea.
Q.	How did he know that it was his, seeing he was only a kid when Sapaigea died?
A.	Mum had told him.
Q.	Is Mataubea a big land or is it only a part of Sa'apai?
A.	It was big but you and Tanguika got some areas of it so it became a small land.
Q.	You have seemed to base all your power to get or own lands from your mother, who got the power over lands, your mother or my dad?
A.	Our dad, he had divided our lands among us.
Q.	You have mentioned that dad got back all his lands from me because he was angry at me, didn't you know because dad and I never once quarrel?
A.	He did not take his lands from you but it was you who got our lands.
Q.	Tesua had built seven houses at Mataubea land, how many did Haikiu build there?
A.	Nothing, but Tesua built his houses there because we had permitted him.
Q.	Satiasi was known to be so wild in lands againsting others, why didn't he get Mataubea and kept it for Haikiu?
A.	It was our mother who kept the land and not Satiasi.
Q.	You have said, you were living at Mataubea whose house did you use to live in?
A.	The houses of Sapaigea and Satiasi
Q.	Whenever Satiasi wanted to do things, he used to see me first, but why did you say he had built his house at Mataubea without my permission?
A.	Mum had allowed him because mum had looked after the land.
Q.	Did Haikiu allow the wife of Tesua to deliver her six children she had delivered there?
A.	It was because we had allowed him to live there, did his wife born her children there.
Q.	What did Haikiu own at Mataubea, did he get any coconut there?
A.	He should have got his coconuts there, but because we had given to Tesua and lived there.
Q.	Didn't you know because Mataubea was given to me by dad?
A.	That's your own story, as we believe our own.
Q.	Did you were at the time Sapaigea gave me the land?
A.	I don't know, but as I had said, he had given you lands and he also had given us lands.
Q.	Didn't you know because Tesua had told you to take your business out from Mataubea?
A.	That is not true.
Q.	You have said, that from the main road up to Mataubea, its ending is where the pandanus are standing, didn't you know because those pandanus were planted by the wife of Tesua some years ago?
A.	That was not its end.
Q.	Who had began the main centre at Mataubea?
A.	Semaia but not Tesua.
Q.	Was the first person to brush an area before in our custom was important?
A.	Yes, but it was not apply to Mataubea.
Q.	Didn't you know because it was first brush by Semaia the father of Tesua?
A.	But the land is ours.
Q.	You have mentioned that Sapaigea had changed later his distribution of lands among us, why didn't I know it?
A.	He didn't change it, it was you who have changed it.
Q.	Who gave Mataubea to Tesua?
A.	I did not, neither you. You have told me this.
Q.	You have mentioned that I had used to chase you mother away, then you also mentioned that I had asked her to make my garden at Mataubea, how comes then?
A.	Yes, as your rowing had been past and mum was looking after that land.
Q.	Who had owned Gongomangu, Sapaigea or Tehoaki?
A.	Tehoaki.

Q.	Did Maitaki attend during the occasion your dad had given you and your two brothers those lands?
A.	No, because he had given him 2 lands and the rest of the lands were given to us.
Q.	Did you hear it from your dad that those lands were given to you or did your mum tell you?
A.	I don't know Tepuke and Haikiu but I heard it from dad.
Q.	When did Maitaki intend to take Mataubea during heathenism or christianity?
A.	During Christianity.
Q.	Where was Maitaki when Satiasi built his house at Mataubea?
A.	He was there but could not say anything because it was mum who got the right over the land.
Q.	In 1947, when Maitaki did brush at Mataubea did he mean he took the land or did he brush there because of Haikiu his brother?
A.	He brushed it thinking it was of Haikiu.
Q.	Do you believe Tesua had stolen the land of Haikiu or do you believe he stole the land of the family of Sapaigea?
A.	He had stolen the land of our family as sons of Sapaigea.
Q.	When Maitaki had planted his coconuts in public at Mataubea, did he believe it was the area of Mataubea or not?
A.	As an area of Mataubea.
Q.	Who was the first person to plant his coconuts at Mataubea, Maitaki or Tesua?
A.	Maitaki, but he only planted his coconuts near the public.
Q.	Is the area in public that was planted by Maitaki was his?
A.	It was the area of Mataubea land.
Q.	Which had happened first, when Maitaki planted his coconuts near the public at Mataubea or when Tepuke saw Maitaki brushing at Mataubea?
A.	Both had happened in the same year but could not remember which came first.
Q.	Who was the first one to plant coconuts inside Mataubea land, Maitaki or Tesua?
A.	I don't know but perhaps Tesua.
Q.	When your mother was sick in 1951 and was brought to Mataubea, where was Maitaki?
A.	He was there and one of those who had cared of mum when he was sick.
Q.	You have mentioned that Haikiu haven't get any garden area according to your father's distribution of your land, but why did you say Mataubea was extended right up to reach Bosu where there were lots of garden areas there?
A.	Those areas were not termed by dad as garden areas.
Q.	Why did Sapaigea was so important at Maitaki and gave him two lands?
A.	That's how dad had done.
Q.	When Maitaki gave Mataubea for Tesua, how old was he?
A.	They know it how old he was.
Q.	When Tesua lived at Mataubea, did he live there because of Maitaki or because your good sake and Haikiu?
A.	Because of Haikiu and me.
Q.	Why didn't you put any sign at Mataubea like planting coconuts etc as Haikiu and Tepuke did at Hongamugava?
A.	Because we had allowed Tesua to live in there.
Q.	Was there any one living at Mataubea when your mum had said, if she die she will be buried there?
A.	Maitaki only brushed it but he did not live there.
Q.	When did Tesua live there, after or before your mother died?
A.	After my mother was died.
Q.	Whom did your dad give him first Mataubea land?
A.	He gave it for me first.
Q.	Did Maitaki get angry when Tepuke and Haikiu planted their coconuts at Hongamugava?
A.	Yes, he was as he said they got part of his land and included it to Hongamugava.
Q.	Whom did Semaia ask and made his garden at the top area of Mataubea?
A.	He did not ask anyone as that was how our lands were used.
Q.	If Maitaki asked your mother to make his garden at Mataubea, why didn't Semaia ask, wasn't that area owned by anyone?
A.	Maitaki had asked mum because he thought it will be a sin against God if he failed to ask as this was the teaching taught when christianity came to us.
Q.	Why didn't you and Maitaki take back your Mataubea land as you had discussed before that Tesua and his brother stole it?
A.	We got sympathy at him.
Q	Why did you witness against Maitaki and Tesua, do you believe the land is yours or do you because you are angry at them?
A.	I would like to tell the truth of that land.

This case is adjourned to hear it back on Friday 28.3.80 at 8.30 am as it will be the turn of the Defendant and his witnesses to give their evidences on the land disputed.

I would like to talk on how our dad Sapaigea had divided his lands among us. When I was brought up, I used to live with dad at Tetaugangato District. After living with dad, I had decided to go back and live at Sa'apai as I did. I built a house there and also doing farming. As often, dad came and helped me in my work as I used to help him as well.

It was once, we were working in my garden at Baitupu and on our way home, he asked me to climb in his coconut at Sa'apai. After getting our coconuts, he told me that he would like to say something to me in regard to all his lands. He would like me to know the situation of his lands before he die or it will bring confusion to us who will left behind. As usual according to our custom, the first born of ever family has to inheritage lands. Dad told me that I could not inheritage many lands due to his shortage of land. However, he told me that his few lands will be divided or given to me and my brothers. That were, Haikiu, Tapuika and Tepuke. He told me that Sa'apai is mind even though he was in it. He also gave me Mataubea. He told me if I were to live there, I will always give respect to his house that was at Sa'apai. He also gave me 3 fallow gardens. They were, Tabeibago, Bosu and Gotogau, He also gave me Tegeva land and its fallow garden at Teutua. He also told me all the nuts at Teogotanahu will be mind.

That were my lands dad had given me. He told me that Kongobainiu will be of Tepuke, as well as Tangipoueha and Asaba. He told me that due to his shortage of land, he would not able to give any land to Tapuika except Baitupu and its two fallow gardens that were new it will be of Tapuika. He told me that Hongamugava land will be of Haikiu and our boundary will be the end of my fallow garden at Tabeibago. That's what dad had said to us in regard to his lands. He asked me to remember all his saying and by remembering it, that will be his memorial to us as brothers. I have determined ever since not to abolish what dad had told me.

After that, I built three houses at Sa'apai and Mataubea. Dad had helped me when I built these houses. A friend of mind named Atikake also helped me and when those houses were completed, he came and lived with us and finally he had worked on my tattoo that had made me as a sign of a manhood. My dad and Atikake taught me many things concerning our custom while we were there. So I lived at Sa'apai and Mataubea did many things there.

Not very long after all these things, my dad died. Then I went and lived at Gongomangu I had stayed there with downhearted of dad that was passed away. Then after 2 months from the death of my father, Satiasi and Masiika the wife of my father who left her as a widow, got married. I disagreed at their marriage so I told Satiasi to take his wife away to Kongobainiu and Asoa as I did not want them to stay at my place, Gongomangu.

Masiika tried to tell me the land was of her and family. I told her the land was given to me by Tehoaki. Finally, they left and I was left at Gongomangu and did lots of things there and not very long, my wife died.

When I was living at Gongomangu, a friend of mind named Tesua came and told me that Masiika was angry and talked against me. He also told me that Masiika had said, I will never own any land except Gongomangu.

She went on to say that the fallow garden of Teutua and the nuts at Teogotanahu were of her son Tepuke. She also stated that Mataubea will be of Haikiu, and Giotongau land will be of Tapuika. She was angry at me for living at Gongomangu so she was trying to change what dad had said in regard to our lands. I thought she had said it just because she was angry, without knowing that she had told it to her sons and her sons believed her until now. When I went back to Sa'apai and not very long, Moa of Rennell Island brought christianity to Bellona. The whole population of Bellong gathered at Gongona and built one church there. I was one of them. Not very long, these people separated and got their own churches so our family made one at Sa'apai. We started to build our houses there. I had built one, Tanguika built one at the boundary of Sa'apai and Mataubea, so I told Tesua to build one at the main centre of Mataubea or its embankment. He also planted some coconuts there, believing the land is mind but I gave it for Tesua. I did not mean I have stolen the land from Haikiu and gave it for Tesua because it's my land given by dad. Tesua settled there and there was no rowing happened between our family. Haikiu and his brothers did not say anything to show that they were angry about the land, they never say they will report it, they did not even block or cut some trees to block the land etc. I am the first one to plant my coconuts at Mataubea near the main road before Tesua did. Satiasi and his wife did not say anything in regard to the coconuts I had planted. Until now, Haikiu reports me on the land and Tapuika is his witness. The witness is making his own story in order to sort what he believes is true. I am denying when he have said dad and Satiasi had built 3 houses at Mataubea. I have never seen the houses myself and this is completely false. He also said that Tepuke had seen me brushing at Mataubea and he was angry at me, he also said, I had asked his mother and mady my garden at Mataubea. These inforamtions produced by the P/W2 are all false. They believe Haikiu was born at Mataubea but he was not. He was born at a place called Agohi and not at Mataubea.

There was a big bush above Mataubea where SEMAIA the father of Tesua first brushed it for his garden. The garden weas harvested to help in addition to my feast. After I gave the land for Tesua, he had worked on it and also he had worked at where his dad Semaia had first brushed for his garden. The Plaintiff side denies to say I did not give the land to Tesua. They are wrong, I gave the land to Tesua. Tanguika had worked at the place when Tesua went to Honiara. Tesua came home and built his house at Mataubea. Later, he moved down near the main road and built his roofing house there but still at Mataubea land.

Q.	Who gave me Mataubea land, you or Sapaigea?
A.	You believe Sapaigea gave it for you but it was I whom dad gave it for to own.
Q.	If Sapaigea gave it for you, why did he bother giving it for me as well?
A.	As I have said, it was given by dad for me but you only claiming it as yours.
Q.	You have said, dad gave you many lands, why is it, is you the only one in our family?
A.	I am not the only one, but that's how dad had set.
Q.	You got two families from your two wives as our dad Sapaigea did, did you give lands to your first family in your first wife and ignore your second family in your second wife?
A.	Most of my lands were taken by my sons from my first wife, and my sons from my second wife we live at only one place.
Q.	I was born at Sa'apai and in few days a little hut was built at Mataubea and I was there with mum, why didn't you stop mum being there, if you believe the land is yours?
A.	You were not born at Sa'apai near Mataubea you were born at Agohi which is very far from Mataubea.
Q.	Why did I report you at Mataubea if I believe it was yours from our dad?
A.	Because you are only claiming it as yours.
Q.	If you were to live at Mataubea as you said dad had told you, where would we live then?
A.	Our dad had given you lands to live in.
Q.	You have said you had built 3 houses at Mataubea, but why didn't you mention it in your poem you had composed about the house you had built at Makagau?
A.	If ever I know you will report me on this land, I would have mentioned it in my poem.
Q.	Why didn't our family see the houses you had built at Mataubea?
A.	You were only little kids.
Q.	If you believe that Mataubea is your land and you gave it for Tesua, why did Tanguika wrote a letter to us and asked us to forgive our report on this land?
A.	Tanguika would like our family to be one accord again because all the families at Bellona are good and kind except ours.
Q.	Who were there from you and mum when dad died as you said he had given you that land?
A.	I was attended when dad died.
Q.	Were there anybody else apart from those you have mentioned they had seen your houses at Mataubea?
A.	Most of the people had seen them.
Q.	You have said those nuts at Teogotanahu were given to you by our dad, didn't you know because they were of Tongoga and not ours?
A.	But dad had said, they were his so he gave them for me.
Q.	If ever mum is still alive, do you think you will give the land to Tesua?
A.	I will because I will still believe what I heard from dad.
Q.	If you believe Mataubaa was yours, why did you ask mum and made your garden there?
A.	I never think of a time asking your mother.
Q.	Whose garden that was at Mataubea in 1938 when christianity came to us?
A.	My gardens were there not of your mum.
Q.	Was it true there was a toilet area at Mataubea land because we had used the ones at Sa'apai and Matabaigei?
A.	Yes, these 3 places, Mataubea, Sa'apai and Matabaigei had used the one at Mataubea first.
Q.	Why did you deny the fallow garden area that was between Mataubea and Bosu?
A.	Yes, the big bush that was there, was a toilet area.
Q.	Who had allowed Satiasi to build his house at Mataubea, you or mum?
A.	Satiasi never once built any house at Mataubea.
Q.	Do you still extend your love to your first family from your first wife or do you only love your last family from your 2nd wife?
A.	I love them all.
Q.	Why didn't you stop mum when she was sick and brought to Mataubea if you believe it was yours?
A.	I had given the land to Tesua before your mother got sick.

Q.	If you believe that Mataubea is your land, why then did Tepuke distrub you when you were brushing there once?
A.	That is their own story, but this is not true.
Q.	Did you make any agreement with Haikiu before giving that land for Tesua because Haikiu believes the land is his?
A.	I did not bother about Haikiu when I gave that land for Tesua because I am sure the land is mind.
Q.	Who allowed Masiika to be kept at Mataubea when she was sick.
A.	She was not kept at Mataubea, that's your own story.
Q.	Which came first, when your dad gave you Mataubea as you claim or when you had built your houses there?
A.	When dad gave me that land.
Q.	Why did Semaia brush the toilet area of Mataubea seeing he got one at his place Matabaigei?
A.	He was thinking of taking those toilet areas there for him.
Q.	You have said, Semaia got the upper parts of those place, and these people get the lower parts of them, who were these people you are referring to?
A.	Tapuika, Tanguika and I.
Q.	Whom did Semaia ask before he brushed that area?
A.	He did not ask anybody as he did it by his own will
Q.	How would Mataubea have its own toilet?
A.	The ones at Matabaigei and Sa'apai.
Q.	Where were the lands of Sa'apai that were stolen by Tanguika and Tesua as you told Tapuika?
A.	I did not mention Tesua but only Tanguika.
Q.	Who owned the fallow garden at Tangipoueha?
A.	Tepuke owns it.
Q.	When your dad gave you Mataubea to own, was Mataubea already made as a place or was it only a big bush?
A.	The land was only a bush of of trees.
Q.	Where was your mother by the time the plaintiff said he was born and was kept at Mataubea?
A.	She had died already.
Q.	Who was the first person to make his house at Mataubea from you and your dad?
A.	I am, but dad never make any house there.
Q.	If you say that Mataubea was not occupied by your dad until your time, what was that toilet area for seeing there were no people to live there?
A.	It was used by those who lived at Matabaigei and Sa'apai.
Q.	Since your dad told you about the distribution of your lands, did you ever row or was there any rowing happened between your two side?
A.	No, this is its first time.
Q.	Haikiu have said, you have kept his land called Hongamugava as yours until he got it by his own power, why did you act in such a manner if you say you have been true to your dad not to alter any of his decision in regard to your lands he had divided as Hongamugava was given by your dad to Haikiu?
A.	I did not mean to take his land. He just couldn't go about its proper way of dwelling with that land in relation to the time I had kept it for him.
Q.	Did Tesua ask you to give him Mataubea or did you just intend to give him?
A.	I just intended to give it for him.
Q.	Why did you give Tegeva your land to Tapuika?
A.	I gave it for him as I had loved him and don't want to be selfish.
Q.	Did Haikiu and his parents (Satiasi & Masiika) and you were in one denomination when you were separated as they were at West Bellona and you at Gongona?
A.	No, we were in different denomination.
Q.	What purpose did you Mataubaa to Tesua, was it because you would like him to live there and near your church building or was it because he has no land?
A.	He has no land.
Q.	Was there any differences between you and the family of Haikiu when you were separated into different religion?
A.	No.
Q.	Did you and Masiika ever row?
A.	Yes, but that were during heathenism.
Q.	Why did you have row with her seeing you have said you will follow the promise of your dad not to mistreat them?
A.	Because she would like to take my place Gongomangu.
Q.	Why did Masiika want to take that land if she knew it was yours?
A.	She believed it was of Sapaigea her husband then she will have it for her son.
Q.	Did the Plaintiff side remind you before that they would report you about Mataubea land?
A.	No, this is its first time.
Q.	Whom did Sapaigea give Mataubea for, you or Masikka?
A.	They have claimed it as they were but I say it's me whom dad gave it for.
Q.	Do you think that it was only Mataubea that Masiika had intended to change from Sapaigea's plan or any other land that she had changed its plan by Sapaigea?
A.	Yes, there were others as well.
Q.	When Tesua was working at the embankment of Mataubea, did he think it was yours or of his dad?
A.	He knew it was his dad who first made it.
Q.	Where was your dad when Semaia brushed the toilet area at Mataubea?
A.	He was died first.

I believe all the evidence I am going to say are true as a witness for the Defendant. Since Sapaigea divided his lands among his sons everything were good until Masiika had changed it after his death. For this reason, the Plaintiff and his witnesses based their evidences upon Masiika and we have based ours upon Sapaigea. The reasons why Masiika had changed the plans of Sapaigea are as follow -

She knew her son Tapuika haven't got any land from his dad and even his second dad Tongonga did not give him any land so she would like her son Tepuke to have the land at Gongomangu so that Tapuika would have the land at Kongobainiu where Sapaigea had given to Tepuke, and Masiika was angy at Maitaki because he was not her real son.

When Sapaigea and his five brothers were brought up, they had elected him as the head of their family and supported him in his worship ceremonies to their gods. These brothers were Semaia, Satiasi, Tangokona, Takiika and Taukiu. Osoeha of Tangakitonga also used to help Sapaigea. There were two persons named Taukiu of Tangakitonga and Huaigupe of Ubea who made their garden at Hangetu'utu'u. Taukiu one of the brothers was angry about it so he went and damaged this garden, and then he planted his bananas there. Taukiu and Huaigupe came along and damaged it. They had done it twice by spoiling their properties within two years, the family of Sa'apai and Tangakitonga had fought seven times, and these two families became enemies.

Sapaigea thought of betraying Osoeha to Toatupu of Tegua to kill him. By doing this, Sapaigea made a feast and invited every friends to attend included Toatupu, Sapaigea met Toatupu on his arrival, and put a necklace on his knee, i.e. Toatupu put it on the knee of Sapaigea. Sapaigea had put a necklace on the knee of Toatupu in return included some other gifts. Toatupu knew what Sapaigea was trying to tell him as he betrayed Osoeha. Toatupu gently rubbed the leg of Sapaigea indicating that he would do what he wanted to do with his enemy Osoeha.

After many years, Sapaigea told his brothers that they would go and settle at Tetaugangoto and Tegua Districts and that would leave Sa'apai because they were troubled with the family of Tangakitonga. Teikagongo and Tehoaki went with them and whenever there were difference between the people of Tegua and Sapaigea, they used to involve Tehoaki in and spoilt him and his properties. Finally, Toatupu had fulfilled his promise to Sapaigea by killing Osoeha. The people of Tekugangoto had killed Toatupu because he had killed Osoeha. Tehoaki was in the army, and taht made Sapaigea to give up from Tehoaki and had nothing to do with him as far as their relationship was concerned.

Some times later, Sapaigea got sick. Tehoaki had decided to go and make peace with him as he did, despised of what Sapaigea had promised against him. He brought food with him and gave them to Sapaigea.

Before he left, he told Sapaigea that Gongomagu land would be of Maitaki. Satiasi and Masiika were there and heard it.

Sapaigea got better and lived at his lands included Gongomangu. Maitaki had lived with his dad. Maitaki had decided as he did, to go back to Sa'apai. Maitaki and his dad used to support each other at their works. Maitaki and his dad were at Sa'apai once drinking coconuts etc after coming home from his garden at Baitupu, when Sapaigea had divided his lands among his sons. He told Maitaki that he would have Sa'apai and its end side of Mataubea. He gave Tabeibago, Bosu and Gotogau as his fallow gardens. He said the fallow garden at Asaba and the one above Bosu would be of Tepuke. He also gave him Tegeva at Tetaugagoto District and the fallow garden at Teutua. He also told him that those nuts at Teogotanahu would be of yours. He divided Kongobainiu for Tepuke and its fallow garden is where Sibote was buried. He divided Baitupu and its two fallow gardens to Tapuika. He divided Hongamugave to Haikiu and its boundary would be to the fallow garden of Maitaki at Tabeibaga. That was the distribution of Sapaigea in his lands to his sons and nothing was altered.

We could have know it if Sapaigea had changed the division of his lands. If the Plaintiff side said Maitaki and his dad were enemies and that would have caused Sapaigea to change his first plan to Maitaki, this is absolutely false because Maitaki had loved his dad so much. Living at Sa'apai, Maitaki had decided to build a big house, but because for some reasons he had built 3 small ones as he did. His dad and a friend named Atikake had helped him to build his houses and they had given him advise on how to use his house wisely. A person named Namona had seen his houses that were built at Sa'apai and Mataubea. Sapaigea was sick and not very long after Maitaki went to see him, he died. Maitaki left at Gongomangu and mourned over the death of his father. After that, Satiasi and Masiika got married and Maitaki told them to go and live at Kongobainiu as he was angry at them. Masiika was tried to insist but Maitaki told her and her husband to leave the place because it was given by Tehoaki as his. Masiika and her husband left and lived at Kongobainiu and Maitaki was at Gongomagu. A man named Tesua went to Kongobainiu and Masiika told him to go and tell Maitaki that he would not own any land apart from where he lived, i.e. Gongomangu. She told Tesua to go and tell Maitaki that Teutua and Teogotanahu would be of Tepuke, the fallow garden at Gotogau would be for Tapuika and Mataubea would be of Haikiu.

Maitaki did not serious about it when he was told, not realizing that Masiika had told it to her sons and remembered it. For all those lands that were given by Sapaigea to Maitaki, are now owned by Tepuke, Tapuika and Haikiu because it was their mother who got angry at Maitaki and had changed what Sapaigea had said at first.

When Maitaki lived at Sa'apai, he made a garden there started at Sa'apai then to Mataubea and reached Matabaigei. He had built his house at Mataubea by the time he had his garden. Masiika and her husband were known to be wild in regard to land matters yet, they did not do anything about the house and the garden of Maitaki made at Mataubea if they believe the land was of their son Haikiu.

After all these, Moa had arrived with christianity and everybody at Bellona had gathered at Gongona to make one organize church body. This was in 1938.

In 1942, everybody were separated to make their own organize church. In 1946, we were separated under the advise of Maitaki and made our own church organize at Sa'apai. We broke out from Gongona without disputing. Maitaki had planted his coconuts near the public at Mataubea before 1946.

Satiasi had used to see those coconuts as they went by in public on their way from West Bellona but did not say anything to prove their disliked about it. We honestly believe Satiasi had knew Mataubea land was of Maitaki.

After our church building went up, we made our houses and Maitaki told me to make one at the main centre of Mataubea: and also he had told me to plan my coconuts there. That was when Maitaki gave me Mataubea. Satiasi and his family had seen my house and say nothing against it. If ever they do, I would have complained it to Maitaki. I lived there until 1949 when a missionary named Gera came home. He had appealed to all the Seventh Day Adventist members to come back to Gongona as they did except I left at Mataubea until 1950. A friend of mind named Magie had lived with me and in 1950 we went with a group of men who went to bring the floor of the church building at Gongona from Rennell Island. Unfortunately we came back from Rennell when we were attached by a disease known

so we came back not completing the job. This had happened but the family of Satiasi and wife were still alive and lived at west Bellona. In 1951, Magie went with those who were going back to Rennell Island to bring the floor. I didn't go with them. Then in 1953, I got married. I would like to make my house from where my dad Semaia had first brushed above Mataubea. I returned from Honiara and planted my coconuts at Mataubea but there was no rowing happened.

Tapuika had asked me to put on safe his goods for sell in my house, but I told him to pack his goods and went away after we got a row between us. He did not resist but went away with his goods. Then after that, I had built my iron roofing house at the land and had cut down all my coconuts, there were no disturbance from the Plaintiff's family if they believe it's their land.

The area above the land disputed was of dad because he had first brushed it as it was a toilet area. This was done during heathenism. The same area was brushed again by dad and his son Tanguika.

The Plaintiff and his 2nd second witness believe it was not a toilet garden but a fallow garden area. Actually, this was once a toilet garden and a man named Tekiuniu who still alive till now knows it. They also believe that Haikiu was born there. If Haikiu was born there, would they have to bury the uterus of his mother at their garden or fallow garden as they deny there was not a toilet area but a fallow garden above Mataubea? But if he was born there and the uterus of his mother was buried there, we are right that the above part of Mataubea was a toilet area and that was where uterus used to be buried. After all, Haikiu was born at Agohi. Even Haikiu knows it he was born at Agohi as he told it to a woman called Siko. They are only making their own story to suit this case but we are really telling the truth. It is not true when the P/W2 stated that Sapaigea had built two houses at Mataubea. Maitaki had built four houses when he had owned the land, and when he had given it to me, I have seven houses there and never once Satiasi built any.

When I got Mataubea from 1946-1980, there was no disputing happened since then. I have done many things at Mataubea. I got 200 planting coconuts, two grave of my own children died and buried there, I have held two feasts there and lived there for abour 34 years.

A cousin brother of mind named Sapa had told me that he have heard Satiasi to say that Mataubea was of Maitaki after he had heard Tapuika would like to report me at Mataubea when we were rowed and told him to take away his goods that are kept in my house at Mataubea. Sapa also told me as he had heard Satiasi said, if Mataubea was of Haikiu, I would have kept it for him as I did to his brothers' lands. Maitaki had given me the land believing it's his land. I have heard the P/W2 mentioned that they have allowed me to live at Mataubea because they got sympathy at me. This is not true. They should have struggled against me about it. It is not true when they said Masiika was once sick and kept at Mataubea for one month. Masiika was sick when she was at Pebaegangi, west Bellona. She was taken to Gotomungiki and died, few days after. That was in 1951, but I had been in Mataubea in 1946. I know this to be true because I was one of those who had carried on the dead body of Masiika. I got 9 children born at Mataubea. I still live there by now and come to court this morning from my house that is there. END.

Q.	Who have our names in our family, Satiasi or Sapaigea as you said we were of Satiasi?
A.	I did not have mention that.
Q.	Didn't you know because Esther was angry at me for allowing you to settle at Mataubea?
A.	That's your own letter talking about your own private things when Esther wrote to you.
Q.	Whose land is Mataubea, of dad or of your dad?
A.	The land was of your dad and he gave it for his first son Maitaki and then Maitaki gave it to me.
Q.	Was not that land being used by our ancestors?
A.	They did not use it.
Q.	Who gave you Mataubea?
A.	Maitaki gave it to me.
Q.	Maitaki have mentioned that our family haven't got many lands, but why did he own many lands?
A.	Because that was how his dad did.
Q.	Who have owned the fallow garden at Teutua since then?
A.	Sapaigea had given it for Maitaki but your mum had changed it and gave it for Tepuke.
Q.	Didn't you know because our family haven't got any nut at Teogotanahu as you said we have?
A.	But that's what Sapaigea had said.
Q.	Who got power to separate the lands from dad and mum?
A.	Dad, but your mum had changed what Sapaigea had given.
Q.	Did we take any of the lands of Maitaki that were given to him by dad?
A.	Yes, his 3 fallow gardens.
Q.	By why didn't he report it as I do to Mataubea?
A.	He is very old to take such into court.
Q.	Why didn't Maitaki disturb my mother when she used to block Mataubea?
A.	He got sympathy at her because she was his mother.
Q.	Why didn't we see the houses of Maitaki built at Mataubea?
A.	Maitaki told me he had built his houses there.
Q.	Why did I am angry about Mataubea if I know it's of Maitaki?
A.	You are only believing what your mother told you after the death of Sapaigea.
Q.	Do you believe Sapaigea was only cared and kind to Maitaki only and not us by telling him what to do at Mataubea but did not tell us?
A.	That land was not really a tambu place.
Q.	If mum knew that Mataubea was of Maitaki, why did she bother giving it to me?
A.	She was angry at Maitaki and would like to have the land.
Q.	Who had supported Sapaigea from his 5 brothers?
A.	We believe all of them had supported Sapaigea

Q.	You have mentioned in your answer to the Plaintiff that Maitaki did not disturb Masiika when she had blocked Mataubea because he was kind to her, but why did he chase her out from Gongomangu?
A.	Because she would like to take Gongomangu where else at Mataubea Masikka had only concerned about those who had stolen the nuts at Mataubea and had caused her to block the area.
Q.	If Masiika and Maitaki were loved and kind at each other, why did Masiika intend to change what Sapaigea had settled in regard to his lands?
A.	Masiika was only angry at Gongomangu.
Q.	When Masiika had changed what Sapaigea had said, whom did she give Sa'apai to?
A.	Maitaki still owned it
Q.	Why did you deny all the sayings of Haikiu seeing he got eye witnesses from his sisters?
A.	They based all their stories on their mother.
Q.	Why didn't Maitaki stop the house of Satiasi that was built at Mataubea if he believed the land is his land?
A.	There was no house built by Satiasi at Mataubea.
Q.	Who had been looking after the lands of Haikiu and his brothers when they were little boys Maitaki or Satiasi?
A.	Both, but especially Satiasi.
Q.	Dis Tapuika say anything to you in connection to that land when you were rowed?
A.	No.
Q.	If so, when did then Satiasi told Sapa that he didnot like Tapuika to report you at Mataubea?
A.	That was after our rowing.
Q.	Why did Sapaigea seem to favour Maitaki by giving him many lands?
A.	That was how Sapaigea did it.
Q.	Whose son is Haikiu as you deny all his stories?
A.	He is the son of Sapaigea but he had given him Hongamugava.
Q.	How old was Maitaki when Tehoaki gave him Gongomangu?
A.	He must be a big man.
Q.	How do you prove that Masiika had changed what Sapaigea had settled?
A.	She told it to Tesua to go and tell it to Maitaki.
Q.	Did Masiika attend when Sapaigea gave Mataubea to Maitaki?
A.	I don't know.
Q.	Did the whole family of Sa'apai know that Mataubea was yours from Maitaki or only two of you?
A.	There are two groups in our family, the family of the plaintiff is on one side and the Defendant's side is one side. So the first group doesnot believe the land was given to Maitaki but we believe it was given to Maitaki
Q.	When Maitaki had planted those coconuts at Mataubea in public, did he believe he had planted them for Haikiu or for himself?
A.	He had planted them as his believing the land was his land.
Q.	If you believe there were no people living at Mataubea before, why or what was the use of that toilet area there?
A.	It was used by the people who were living at Sa'apai and Matabaigei.
Q.	Were not there any toilet area at these two places?
A.	They got their own after the one at Mataubea was stopped not to use.
Q.	Whose house was the first one, of Maitaki or Satiasi?
A.	Maitaki had built his houses there but Satiasi didnot build any house at Mataubea.
Q.	Why did Maitaki give you that land, did he give you that land because it was his or was it because the family of the plaintiff had became the members of the S.S.E.C. church rather than S.D.A. members?
A.	He believed it was his land from his dad.
Q.	Did Semaia ask Sapaigea before he brushed the toilet area above Mataubea?
A.	No, he didn't.
Q.	Did Tapuika block the area of Mataubea that had coursed you to tell him to remove his goods from your house at Mataubea?
A.	Not Mataubea.
Q.	You have mentioned that there were no rowing between your two groups on the land disputed, from 1946-1980, don't you think that your rowing with Tapuika that had coursed you to chase him out with his goods in your house is a rowing occured on that land?
A.	No, that was not on Mataubea land.
Q.	When did Maitaki build his houses at Mataubea, after on before Sapaigea gave it for Haikiu?
A.	Those houses were built after our lands were divided.
Q.	When Haikiu and his parents were at west Bellona and you were at Sa'apai, was not there any rowing that had coursed you to be separated?
A.	There were no rowing, in fact, we were good at each other.
Q.	Do you think you would have own this land if you were at Gongona?
A.	That was Maitaki's business as to give it to me or not.
Q.	Who had kept Hongamugava for Haikiu, Maitaki or Satiasi?
A.	Maitaki but after Sapaigea died, Satiasi kept it for Haikiu.
Q.	Was there any thing that have troubled you from every thing you have done at Mataubea?
A.	Nothing.
Q.	Who was living with Sapaigea most of the time from Maitaki and Masiika?
A.	In their home of marriage, it was Masiika but concerning lands, it was Maitaki.
Q.	Who have used Mataubea before?
A.	Maitaki.
Q.	Where was the end of Mataubea or its size when Maitaki gave it for you?
A.	The area where he have mapped it.
Q.	Who have used the area above Mataubea after the garden of your dad?
A.	I don't know whether Tesua had used it or when I built my house there.
Q.	Do you believe that area was yours from your dad or as yours from Maitaki?
A.	I would have still claim it as mind from dad because he had first brushed it.
Q.	Did Maitaki make any garden on that area?
A.	He made his garden near that area but not on the same spot.

Monday 7th April, 1980 to decide the case, the court could not reach their Decision so they met again on

It took almost the whole of the day to debate among the President and the two Justices the evidences of the Plaintiff, Defendant and their witnesses.

The Court however, found that even though the Plaintiff and the Defendant have claimed the ownership of the land, the court take most of the evidences of the Defendant and favoured them as the true ownership of Mataubea land.

These are the reasons and the points why the Court believes the Defendant is the rightful ownership of Mataubea land.

1.	He was the first son of Sapaigea and he was the first one to be given the land Mataubea, and his dad had helped him when he had built his houses at Mataubea.
2.	When Maitaki had planted his coconuts at Mataubea land along the public in 1946, there was no rowing from Masiika and her husband toward Maitaki to indicate their disapproval for planting the land with coconuts if they believe it was of Haikiu. Masiika had died in 1951 and within the period between 1946 to 1951, there was no rowing that had occured. The Plaintiff side have no opposition to the Defendant side in regard to those coconuts that had been planted by Maitaki.
3.	In the evidence of the P/w2, he have stated that Haikiu was not given any follow garden to own by his dad Sapaigea when he had divided his lands among his sons. However, when the P/W2 stated his evidence, in his answers to the Defendant and to the court, he have mentioned that there was an area that was used to brush up further to reach the fallow garden named Bosu. If the P/W2 have said it, he is not telling the truth when he said his dad didnot give any fallow garden to Haikiu but now he have said the Mataubea land that was given to Haikiu got fallow gardens. There was no fallow garden above Mataubea land. It was a big bush used as a toilet but Semaiah the father of the D/W1 had brushed it for his garden as Tekiuniu who have seen it as he is still alive says it so.
4.	The Plaintiff side have stated different things or opinions according to when Sapaigea gave the land to Haikiu. The Plaintiff and his first witness have mentioned that the land was given to Haikiu by Sapaigea, as the plaintiff had heard it from his mother and the p/w1 had heard it from her mum and dad. The P/W2 have stated that Mataubea land was first given to him but later, it was given to Haikiu. Why didnot the Plaintiff and his first witness also mentioned that the land was first given to Tapuika.
5.	According to the lands that were given by Sapaigea to Tapuika, Tepuke and Haikiu, like Kongobainiu, Baitupu, Hongamugava etc there is none that is proved to be owned by Maitaki now. It's only by now that Haikiu have complained him from Mataubea as he believes is his land.
6.	The Plaintiff side have mentioned that their mother was kept at Mataubea land when she was sick, the D/W1 was given to own Mataubea in 1947. From 1947 to 1951 the year Masiika was sick and thus died the D/W1 was living at Mataubea and yet, he didnot see her.
7.	When the land was given by Maitaki to Tesua in 1947, there was no disputing occured from the Plaintiff side against Maitaki.
8.	The land has been used by Tesua for almost 33 years.

Decision - After finding all the evidences to prove the winner of this case, the court have favoured the Defendant as the right owner of Mataubea land.

NOTE: The Court have set to judge this case at 8.30 AM to 3.30 PM. So the Decision of this Case will be announced Tomorrow, Wednes. 9.4.80

Local Court of Solomon Islands

In re Mataubea Land - continuation of Civil Case No 34 of 79 [1980] SBLC 4; Civil Case No 8 of 80 (26 March 1980)