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Gepetuha v Tepai [1980] SBLC 5 (4 March 1980)

BELLONA LOCAL COURT

Civil Case Land Case No. 91/80

HELD AT ANUA AIRSTRIP ON THE 4TH MARCH, 1980.

CLAIM: Tongaka Gepetuha of Matangi Village clnils that his lands named, Hemiahota. Kangua, Banguaga, Tehangesonga & Honguabea were taken by the family of Tepai.

PLEA: NOT LIABLE

PLAINTIFF SIDE SWORN STATES - (Tongaka Gepetuha)

The Defendant and I are here in court in regard to a case that is between us as they were stranger from Rennell Island to those lands claimed and our side as the real people of those lands. More than that, Tepai and I are two different descendants altogether. Tepai was of the defendant of Baiave and I of Tokahitumatua, Baiave and Teikanoa were of the descendant of Tokahitumatua where I am descendant were fought each other at Rennell Island. These two descendant were unkind to each other as they used to row. The descendant of Tepai were Baiave, Tangitonga, Baiave, Tangosia, Tepai and Tukungei. My descendants were Tokahitumatua, Teikangongo Mu'akitangata, Gaimono, Bibao, Tangahau, Teukanoa, Maugiengoa and Temoa, (these are brothers), Tepuke, Maugauhi, Kumungau and myself.

Henuahota the land disputed got a garden area of the back called Teongoghaimeuga. At Labogho later called Kangua, Bongaunga, it's garden area at the back was Ma'anga Kape. Tehaugesonga its new name is Hangeika. Hongaubea reaching the road to the sea called Paghaobu the garden area which layed beside that road was Nabaitango. The previous name to Poghoabu given by Maungauhi was Anga’eha. He had composed a poem about that particular road being renamed it.

Saying both ends of the sea Coast of Tehekitanga at the west end. I am coming up again to the inland to comment about Henuhota, Hongaubea, Tehaugesonga, Bongaunga etc were our lands from our ancestors.

Henuahota was built by Tepuke and his servants. They removed every single stone from there. After being hard work, Tepuke named that place Henuahota. He also built a house there. His son Maungauhi was born there too.

Some one said the land was given out but its not. It's only given for use but the ground is still ours. Tangosia the father of Tepai came from Rennell Island. He didn't stay or contact Henuahota but wandered until he ended up there. He came with his sister Tusia whom Saomoana the father of Saoponge of Angaiho married to. So they lived at Halabo and some other places of Taubongiko District. They lived there until Tangosia was sent out by a man called Saugongo for some rowing and went to Matangi. (East Bellona) He went and saw Tepuke so kind seeing that he was a chief and so he live with him. By then Tangosia got married to a girl from Rennell who was also lived there by the name of Tengauhau. As time went by, Tangosia asked Tepuke about the land of Henuahota which was still owed by Tepuke and his son Maungauhi. So Tepuke said to him (Tangosia) you're only allowed to do gardening etc but not to plant coconut palms there. Then Tangosia married to Teota the mother of Tepai. (Defendant) Before Tangosia asked Tepuke about Henuahota, Pungake of Rennell Island asked Tepuke the first time about the same land. He used there for gardening especially until he went back to Rennel1 Island and left that land. There were Pandanus etc been planted there (Henuahota) by Tepuke before Pungake used that land. Then again Tangosia married his third wife, so he got 3 wives. The 3rd wife was Teika'asu. They multiplied and got children by them rowing and land disputing took place between us.

So these families line of Henuahota they also asked about Geiba Agatingi lands to use only for gardening etc and not to plant coconut palms because they were of Rennell Island. Living then for some years, they preferred to go back to Rennell Island. So before they left, they spoilt all things there and left to Rennell Island. I went with dad Maungauhi who went to bring back a man named Michael Tongaka. My dad took permissions from the uncle of Michael Tongaka and he allowed him Michael Tongaka. From then, I asked dad to go with Noatago to his home at Mungihenua (West Rennell) and as we came to Aangua, there I saw Teika'asu who was sick and Tangosia. I didn't see Teota and her son Tepai. These family lived at their lands on Rennell Island like Gongosiaha, Teogokaba Hatagua and Magino on the sea coast of Rennell Island. After all, we came back to Bellona. My dad Maungauhi came and lived at Henuahota knowing that it was his land. We lived there sometimes when the family of Tangosia arrived back to Bellona, Tangosia asked dad about the land of Henuahota. They were allowed to live and do gardening there with their parents getting old Teota and her family were there too. It was once that the family of Teota affected by the disease called Sore. They lived at the main centre of that place which made Maungauhi so displeased and annoyed that he cut down all the properties there and talked angrily to them. Dad told them to leave the place and got out finding any toilet area to live in. He chased them out but that family hardly leave the place. Temoa had died, Tepuke was still alive and Maungauhi grew up, he used to rowed there and even extent that land until he was wounded by Tokahitu the father of Gepeuna who lived next door to him.

After some times, his brothers went and cut down the coconut palms at Teakau of Kumingau my brother. I went to Henuahota and damaged all their properties so Tepai and I were rowed and as the fight broke, his brothers and Kumingau were also involved Tepai's father was there too. While then, Tokahitu the father of Huaitenga came and asked of who were fighting, and he was told of what had caused the fight. Tokahitu told Tangosia that they weren't treated such manner when their ancestors still alive as he under estimated them. Tokahitu showed a sign of toward Tangosia by saying he will cut his mouth or his legs. Tongosia stood up but Tokahitu cut his forehead. Tongaka Kamukenga ran after Tokahitu and cut him at the back so then Aron (the chief) realized that Tokahitu had wounded so he broke the spears of Teikahola the brother of Tepai. Even then, the row or the fight was still on until we separated. Since then these family started to own our lands.

After the fought we had, these family used the bones of our ancestors Hatihoe, Teikanoa, Tangahau. I was thinking of killing Tukungei of that family but some how I didn't. However, the matter was told to Tokahitu and he said you must tell them to go back to Rennell Island. After Christianity then later, Tetuha of West Rennell came to ask Tukengei whether he would be going to Rennell or staying here (Bellona) for life time. I was there too during that occasion. Tetuha said to Tukungei, I came here to know if you were to go back or not. I have heard you got a church building here etc. but your lands on Rennell remain with you. We only planted crops and coconut palms but we've done it on your behalf. Tukungei was annoyed at Tetuha. I said to Tukungei to talk politely whether to stay at Bellona or to go back. I also told him that he was wrong for stealing our lands, planted coconut palms without permission, Hogauhea Tehangesoga etc. He bet me not to talk but I didn't Tukugengei told Tetuha to go back and plant coconut palms his land near the sea. Magino to be planted and not its end. Tepai planted coconut palms at Henuahota without ask. He wrote his letter privately to Tetuha and asked him to send him his latern so that he will give him the land called Gongosiaiho for the change. Tetuha and his son Giusanga told to me. So the lantern was sent to Tepai. Tetuha said in a manner of fun, no one will ever get his land. These family still own at Rennell Island. His son Francis went and worked at their places there. Tukungei also wrote a letter to Gibauika the uncle of Giusanga, he said he will come over and report their lands at the Mangautu road. He stated he is of Rennell Island and he owned these areas. Gibauika wrote and told me. He was displeased of what Tukungi had stated him.

I would like to talk again our side. There was a man named Tengaungemungi of Rennell Island who lived on the land of Teikanoa. He was thinking of living there but went back as he was wounded. Baiave and Teikano were there once with their brothers Tapigaba and Bibao met and rustled and Baiave seemed to help his brother.

He did it twice. Teikanoa was annoyed that he gave a stick to his mouth but mist. Baiave wounded the hand of Teikanoa and escape. This incident was occured at Rennell. Teikanoa came back after a year Teikanoa told by his wife that Baiave and his group from Rennell Island and their canoes were at the sea shore. They went to see Taukiu of Patonu. So then, Teikanoa went down to the sea shore and broke Baiave's canoe. Baiave cried but Taukiu agreed with Teikanoa.

I would like to talk of Siutoa the son of Baiave, they were of Rennell Island. This Baiave is different from the Baiave of the defendant, Temoa my grand father told Siutoa to work at Hogaubea. Suitoa lived at Bongaunga but he lived there on behalf of Temoa. Suitoa was not allowed to own those lands. He was only allowed for gardening. He lived at Hongaubea. Temoa got a coconut palms and 2 bread fruit trees there. Temoa gave him one bread fruit tree. As time passed by, Tepuke came in there and saw coconut palms and he asked who planted them, Suitoa told him he did so Tepuke told some one took it and replanted it at Matakiubea. Suitoa lived and worked for Temoa and Tepuke as they were the right land owners. As he stayed and worked for Temoa and Tepuke, he married Teputu'u and beared sons and daughter by the names of Kanukenga, Mangunui'ia, Matanga'a (f Ma’anuba and Maungapea. This family were so unkind to each other and as the result Maungapea mistreated Maungauhi until Maangauhi wounded him with his axe and he ran away. The same case had happened to Ma'anuba. The whole family died except Mangumia he stayed alive until he got married to Tegaungega and got a son but died. Dad shared with them his sympathy. As dad went for a walk it happened that they came to his land and founded that it had been cleared and his breadfruit was also cut down by Mangunuiia. He ran back and cursed Mangumuiia, he also blocked the area at Laboghu. So that's the reason why the family of Mangumeiia and dad were so unkind to each other.

I would also like to comment again of the man called Tukungei. There was a man by the name of Osoeha who went and took soma pandanus at Henuahota Tukungei was so angry that he ran after Osoeha and cut him by the head and after that he ran away (Tukungei) when Maungauhi heard it, he came to see them but found nobody so he went to Kangua and damaged the bananas there. Mangumeiia heard it, he went and pulled out the garden Taro of Maungauhi. Maungauhi cried but couldn't help so he told some people, went and pulled or damaged the garden yam of Mangumeiia. Mangauhi brushed the Mt. Tegavase, Tukungei planted his coconut palms along it and lived there. That was when those lands were taken back. He gave me Kangua area and Hongaubea. Tehangesonga to Kumingau.

Mangumeiia came there at night, he got the bones of his dad and brothers back. He finished at East Bellona.

There were Rennellese who came there just for farming and go back. I believed that our family can't live together, better for them to go back to Rennellese where they really are and us to stay on Bellona as we are pure Bellonese.

END.

XX'D DEFENDANT - PLAINTIFF
Q. Whose descendant was Gaimano you have mentioned?
A. He was our descendant.

Q. Where did Gaimono come from Rennell or Malaita?
A. He came from Rennell.

Q. You seem to support in our custom that to adopt some one is not highly regarded, but why did you seem to regard Gaimono high seeing he was also adopted and being a Rennellese?
A. You believe according to your own story that he was adopted but we believe he was the real son of Muakitangata.

Q. Did Tepuke who give us those lands and a holy ground a chief or not?
A. He was a chief. That holy ground was of Tepuke.

Q. Why didn't you pull out all my coconuts planted at Henuahota if you believe the land is yours?
A. You have stolen the land and planted your coconuts there, but you were not told to do so.

Q. How many graves you got at Henuahota
A. Nothing, but that's our land.

Q. How many feasts you have held at Henuahota
A. We had many feasts held there.

Q. Why did Tepuke use us alot if he knew we were of Rennell?
A. He only used you for servants.

Q. What does it means when all the Rennellese came and lived at East Bellona?
A. They cane and farmed there as works were not difficult on that area.

Q. Why didn't you disturb us from what we have been doing there since?
A. You were only allowed to farm there.

Q. Didn't you know because Henuahota was given by Tepuke for my mother?
A. He only gave your family for farming.

Q. Why didn't you stop my son when his son was died and burried there?
A. That's not how such attitude can be shown in such a time you have mentioned.

No Further Question.

XX'D COURT - PLAINTIFF
Q. You have mentioned that the Defendant have taken your lands included Agatingi and Gebae, who owned these two places big now?
A. Luke Angiki and I separated Gabae and Tetaikona owns Agatingi.

Q. Did Luke and Tetaikona get permission from you?
A. Yes, they did.

Q. You have mentioned that Mangumuia left Kangua, dug the bones of his dad and went away, but why did Tukugei Sau stay behind seeing they were uncle and nephew?
A. He had determined to stay.

Q. Why did Tepuke give lands to Tangosia seeing his ancestor Baiave had wounded Teikanoa the grand father of Tepuke?
A. He only allowed him to farm there but not to own it.

Q. Who gave the names Labogho and Tehagesonga?
A. The first ancestors of east Bellona.

Q. Who owned those lands from the family of Mangumuia and the family of Tukugei Sau by the time Maungauhi got his drum or (Papa) at Paghoabu road?
A. Maungauhi, not one of the two.

Q. What is important from land and coconut trees?
A. Coconut. A dead person can be burried at any land.

Q. Did the family of Tangosia plant any coconut tree from the lands they were lived in?
A. No.

Q. Why didn't you send the family of Tangosia away after your ancestors had sent the family of Mangumuia out?
A. They had determined to stay behind as they thought they were independent enough to fight against any one.

Q. Is it true according to your statement that this family of the Defendant had used the bones of your ancestors?
A. Yes, the news was well known.

Q. When the family of Tangosia entired and lived there, after Mangumuia left, did they think their lands from Mangumuia or Maugauhi?
A. Maungauhi had died long before that happened.

Q. When your dad gave you Kangua land and your brother Kumigau Tehagesonga land etc. who owned Henuahota land during that time?
A. The family of Tangosia but they only permitted to farm there.

Q. Where did Tangosia live when his family were multiplied?
A. He lived at Henuahota but the names of his family were Rennellese names as they were of Rennell.

Q. Knowing that this family was getting more in number, why did your ancestors give more lands to them?
A. There were no lands given to them afterward. Only the ones been given but only for farming.

Q. Did Tepai ever born or not when Tukugei took over Hongaubea land?
A. Yes, he was born.

Q. Did Maungauhi use any of those lands when Mangumuia and his family lived there?
A. Yes, he used his bread fruit tree there.

Q. Why did the family of Tangosia allow back to settle at Henuahota, seeing they had spoilt or damaged everything there when they went back to Rennell?
A. They were allowed only to do farming there and also they were allowed because they were looking for easy living as theirs at Rennell was so hard.

Q. Who seemed important to your family from Tepugake and Tangosia?
A. Tepugake, yet he was only allowed to farm in those lands.

Q. What was the relationship between Suitoa and Tangosia?
A. They were uncle, and both of Rennell Island.

Q. Did Tangosia and his three (3) wives live separately or did they live at one place?
A. They lived at one place.

Q. If the family of Tangosia lived at Henuahota when did then the family of Teota who was the mother of the Defendant live when they were affected by sores?
A. They lived at Henuahota before they went to Rennell.

Q. Where was Maugauhi when the graves of your ancestors were spoilt by the family where the Defendant came from?
A. He was died long before it happened.

Q. Do you believe your dad Maungauhi will be angried if he was still alive to see those graves being spoilt?
A. Yes.

Q. Did Maungauhi ask anyone before he lived on Mt. Tegauase?
A. No, it was his mountain.

Q. Was there any from those lands you have claimed was fully given to the family of the Defendant to own it and not only to farm on it?
A. No.

Q. Was there any coconut tree planted by Tukugei on those lands after Tetuha came from Rennell and talked with him?
A. They had already planted them without our permission.

Q. Did Tukugei plant any coconut tree on those lands since Mangumuia and family left?
A. No.

Q. Did this family take any land from some body apart from the lands of your family?
A. No.

Q. Who named the name Kangua?
A. I don't know.

Q. When Henuahota was built by Tepuke and his servants, did any one from the family of Tepai help then?
A. No.

Q. Was there anyone from the family of Tangosias born on those lands?
A. Yes.

No Further Question.

Case adjourned for tomorrow 5.3.80 at 8.30 am.

T. EDY MUNA.

The case continue today, 5th March, 1980.

P/W 1 SWORN STATES - BASIANA

I stand before court this morning to talk about the lands of Tongaka Gepetuha. Those lands were of his ancestors, Teikangog Muakitangata, Gaimono, Bibao, Tangahau, Teikanoa, Temoa, Tepuke, Maungauhi.

The land called Henuahota was made by Tepuke and his labourers, stones were removed from the area. They really put their effort to do their works. Heaps of stones are still there, some were just recently spoilt. Tepuke built his house there and lots of his friends lived with him. He got lots of lands but he seemed to favour Henuahota than all. His son Maugauhi was born there. He lived there when a man from Rennell Island named Tepugake and his wife Tegaugenga came and asked him to live there. They were of the same age, Tepugake was not given to own the land, he was only allowed to live and make gardens there. Not very long, Tepugake went back to Rennell.

It was then, Tangosia the father of the Defendant was chased at Taubagibo District so he went to East Bellona and lived with Tepuke on his lands called, Sabagau then to Henuahota. He was only allowed to do gardening and not to own the land. Even though this family lived there, they were expected to go back to Rennell because they were of Rennell. This family had been warned by Tepuke, and his son Maugauhi not to plant any single coconut tree on that land. Maugauhi was angried he found Teota the mother of Tepai and her children lying with their sores at the main centre of his land Henuahota. He demanded them to go out, he also damaged their crops like bananas etc. there. This family however went back to Rennell Island, their real Island but cane back after the wife of Tangosia, Teika'asu died.

They asked again to settle at Henuahota and they were granted but not to plant any coconut tree as they were told before. They lived there till christianity came to Bellona. Our family did not know that Henuahota had been planted by Tepai with coconut trees. I can still remember once when one of our grand fathers named Tokahitu came and saw those coconuts planted. He asked if Kunigau ever allowed it and I told him it's not the family at Tehakapaia were really displeased about it because this family had also used the bones of our ancestors or our grandfathers. Before Xianity came to us, there was a rowing between our two families. This family had cut down all our coconuts at Teakau except one. They did it thinking that they were owned by a man called Noatago. They also cut the bread fruit tree there. Noatago was the relative of Maugauhi, Tongaka Gepetuha was angried at what this family were doing so he went and damaged all their properties at Henuahota. Tepai and Tongaka met to fight but were family separated. Tokahitu came to see the rowing, and after he was told of it's coursed, he told Tangosia the father of Tepai that his family were not supposed to act in such a way to ward them. They were rowed at then Tokahitu hit Tangosia on his forehead with his war club. It coursed a big fight between the two families. Swearing, breaking of Spears and blood were resulted. I have seen the fight. It was afterward settled. I would like to comment on the lands, Bogauga, Nabogho, Tehagesonga and Hongaubea. Temoa had owned those lands but he only allowed his nephew Suitoa of Rennell to farm there. He did not allow him to plant any coconut. He got his coconuts there. Suitoa did all his works on behalf of Temoa and Tepuke. Suitoa lived there with his family and finally he died and burried there at Hongaubea. His children were left, Ma'anuba, Kamukega, Mangumuia and their sisters. Suitoa had planted one coconut at Hongaubea but was unrooted by Tepuke and planted at Matakiubea. It's there today.

Maungapea and Ma'anuba lived with Maugauhi but chased out after they were found stealing the properties of Maugauhi. Not very long Kamukenga died. Only Mangumuia left. It was once the so of Mangumuia died. Maugauhi cried over him but later on that day, he discovered that his bread fruit tree was cut down by Mangumuia. He commanded him to go out but he didn't.

There was a fight between Osoeha of our family and Tukugei of the family of Tepai, coursed by when Osoeha got some pandanus leaf at Henuahota. The rowing was resulted with blood when Osoeha was cut by Tukugei on his head.

Maungauhi and Tokahitu were called to see what had happened. When they arrived Tuhaika of our family was also wounded by Teikabego the son of Tangosia. That rowing was over as Maungauhi commanded them to stop. The coconuts of Tokahitu were found to be cut down by these people. Maungauhi was really angried so he went to Kagua and damaged all their properties. Tangosia and Tokahitu were met and rowed.

The next day Maungauhi went to work in his garden taro but disappointedly, he found his garden was pulled out. It was finally discovered that it was Mangumuia who did it. Maungauhi was angried so he got back his land Kangua. At Bogauga, Labogh Tehagesonga, Hongaubea, he cut some trees to fall on them on indication that Mangumuia had nothing to do with those land. The garden of Maungauhi where Mangumuia had damaged was rewarded by Huaisongomasi the closet relative of Mangumuia. Sometimes later, Maungauhi and his group went and damaged the garden of Mangumuia. The rewards were sent back to Huaisongonasi. Maungauhi gave Bongauga and Labogho for Tongaka and Hongaubea and Tehangesonga for Kumigau. Maungauhi told his wife as I hear from her that Henuahota was of her husband. He said as said by his wife that the family of Tangosia only used the land for farming but it's his land. When there was no differences between Tukugei Tangosia and Maugauhi at the road called, Paghoabu. We came to know it later that our lands were planted by these family with coconuts with out our permission.

I went to Hongaubea and saw sticks there parked to plant coconut there. I pulled them out. I found another 16 sticks to plant coconuts so I pulled them back. Kumigau was angried when he found coconuts there by the family of Tepai. Later Kumigau and Tukugei were rowed when Tukugei planted coconuts at Hongaubea.

When Teikahoki the brother of Tepai came to East Bellona, Tukugei gave him Hongaubea land. He planted more coconuts plus the ones Tongaka. Kamukenga the brother of Tepai had been planted. Tukugei got back Hongaubea from Teikahoki after one of their rowing. I went and worked there and saw Tukugei there. He asked me about our boundary so I showed him. I came there later and saw a sign put by Tukugei as our boundary. I did not agree with him. I planted some coconuts there. Twenty two all. I went there once and saw a garden being brushed so I blocked it. I cut 3 coconuts to fall. Until now, Tukugei has nothing to do there. Teikahoki gave me those coconuts he had planted there. Kumigau and Tepai went to Paghoabu at the sea shore, Kumigau saw a coconut the family of Tepai planted there. He was displeased about it. Abaukeuke on the sea coast was also planted by this family with coconuts and Nabaitango. I had planted 27 coconuts at Hongaubea. We also planted more coconuts on those lands disputed but were damaged not knowing who have done it. Only few were left.

END

XX'D DEFENDANT - P/W 1.
Q. Why didn't you and Tokahitu pull out my coconuts at Henuahota if you believe the land is yours?
A. You have stolen it.

Q. Didn't you know because Henuahota was given by Tepuke for my mum?
A. I don't know that.

Q. How many times did Tepuke give Henuahota to Tangosia?
A. Two times, but he was given only for farming but not to own the land.

Q. Did you know where Maungauhi was born?
A. Yes, he said at Henuahota.

Q. Do you know how many feasts dad and I had done at Henuahota?
A. Yes, but that was on behalf of Tepuke.

Q. If you deny that we are not of East Bellona, why did Tepuke give us lands as well as a holy ground (GANGUEGA)
A. It. That holy ground was of Tepuke.

Q. Why wasn't there any rowing when we built two church buildings there?
A. You have stolen the land and built those there.

NO FURTHER QUESTION

XX' D COURT - P/W 1.
Q. You have mentioned that Sabagau land was first used by the family of Tangosia, who used it by now?
A. Luke Angiki.

Q. When Mangumuia left East Bellona, the lands called Bagauga, Kagua were given to Tongaka Hongaobea and Tehagesonga were given to Kumigau whom did Henuahota land given to?
A. It was of Maungauhi but he gave it for Tongaka his son.

Q. Who lived at Henuahota by the time Maugauhi give his lands to his two sons?
A. Tangosia, but he lived there only to do farming.

Q. Who gave Henuahota for Tangosia, Tepuke or Maungauhi?
A. Tepuke, but not to own the land. He was only given to do farming there.

Q. Why didn't Maungauhi use Henuahota?
A. He was living at other places.

Q. Is coconut an important thing now adays or it was only important before?
A. Coconut is an important thing before and today.

Q. Why didn't Kumigau plant more coconuts at Paghoabu?
A. He didn't but he was angried about it.

Q. Did Tepugaki ask before he lived at Henuahota?
A. Yes, he asked Maungauhi.

Q. When the family of Tangosai went back to Rennell, did the think they were going for good or did they think they will come back?
A. They thought they were going for good.

Q. Why did they come back and asked about Henuahota?
A. They lived it because that was where they had lived with Maungauhi.

Q. Was there any sign from Mangumuia to Maungauhi that he was going out from his lands and not to return?
A. Yes, when he dug out the bones of his father and took them with him.

Q. What was the relationship between Tukugei and Mangumuia?
A. They were uncle.

Q. When Tukugei lived on those lands after Mangumuia left, did he live there thinking that those areas were of Mangumuia or of Maungauhi?
A. He lived there thinking they were of Maungauhi.

Q. Did you know Suitoa own any land at Rennell?
A. Yes.

Q. Is it true he was a bushard?
A. He was only unknown in his descendant but he was of Matongu.

Q. Who was important to Maungauhi from Tangosia or Tokahitu?
A. Tokahitu.

Q. Did Mangaumuia have any coconut left on those lands?
A. No.

Q. Was there any differences between Suitoa, Tepuke and Tempa?
A. No.

Q. Did Mangumuia give respect to Tepuke and Maungauhi?
A. Yes, but only on the first time and later he was not, so he was chased out.

Q. Why didn't Maungauhi chase the family of Tangosia out seeing they had spoilt or mistreated the family of Tokahitu a lot whom Maungauhi gave honoured to?
A. He had damaged all their properties at Henuahota.

Q. Who gave Suitoa the lands where he lived, Temoa or Tepuke?
A. Temoa, he only to do farming.

Q. Why didn't Suitoa go back to Rennell?
A. He wanted to stay here at Bellona.

Q. Who was the first person from the family of the Defendant who started to go against your family?
A. Mangumuia.

Q. You have mentioned, the family of Tangosia got only one coconut in those lands, where did they get their coconuts for their feasts?
A. Our family gave them coconuts.

Q. When did the family, of Tangosia told to leave those lands, after or before christianity came to Bellona?
A. Before Xianity came.

Q. When did Kumigau give Teakau land to Kamukega, before or after christianity came to Bellona?
A. After Christianity came to Bellona.

Q. What had coursed the rowing of Kumigau and Tukugei, the spearline at Hongaubea land or the Hongaubea land it self?
A. The Hongaubea land itself.

Q. Who won the land from that rowing?
A. Kumigau only stopped not to make any spearline.

Q. Did Kumigau say anything when Tukugei said to Teikahoki his land at Hongaubea is taken back?
A. Yes, he said that land is ours.

Q. Where were your family when the family of Tepai planted those lands with coconuts?
A. We were living at Pangangiu and also we used to go around other places on this land when Europeans started to introduce tgings on this Island.

Q. Did your family plant any coconut at Henuahota land?
A. Yes we did.

Q. Who was the first person from Temoa and Tepuke?
A. Temoa.

Q. Did Temoa have any coconut at Henuahota?
A. The land was made by Tepuke, even though Temoa was still live to see the land.

Q. Who was the first person in the family of Tangosia to plant coconut in your family's land with out your permission?
A. Tepai, Kanukenga and Baipolo.

Q. Was there any family apart from the family of Tangosia who also used the Holy ground (GANGUEGA) at Henuahota?
A. Yes, there were others.

Q. What was your attitude when Teikohoki gave you the coconuts he had planted them at Hongaubea land?
A. I was happy about it because that's our land.

Q. According to your family descendant to those lands, who was the one who owned then when they were taken away, Temoa, Tepuke, Maungauhi or Tongaka?
A. They were taken in the time of Tongaka.

Q. How do you know?
A. Because the family of Tepai started to plant their coconuts on those lands during the tine Tongaka owns those lands.

Q. Who from Temoa, Tepuke, Maungauhi and Tongaka gave lands to other families during their rulership?
A. Taongaka, but he claims them back.

Q. Did the family of Tangosia ask Tongaka about those lands?
A. They asked Maungauhi, but only to do farming there.

Q. Who gave Henuahota to the family of Tangosia, Tepuke or Tongaka?
A. Tepuke, but not to plant coconuts.

Q. Before the Holy ground transferred to Henuahota as it was at UGUA, who started it?
A. Tepuke.

Q. Did the family of Tukugei perform the ceremonies on that holy ground by themselves?
A. No we were combined to perform those ceremonies.

No Further Question

The case is adjourned for Wednesday 12th March 1980 at 8.30 am.

T. EDY MUNA.

The case continued today, Wednesday 12th March, 1980.

PLAINTIFF W/2 SWORN STATES – DANIEL T.

I would like to talk on two persons who came from West Rennell and lived with Tepuke and his dad Temoa on their lands, or to the people of Tehakapaia. The first person was Suitoa who cane and lived with his uncle Temoa. The lands called Bogauga, Tehagesonga, Hongaubea and Nabogho were given to Suitoa to use them for farming etc. but not to own them. He lived on those lands and brought up children. This family helped Tepuke and his dad on their various activities Maungauhi the son of Tepuke was brought up at the same time. There was nothing happened between these Mangumuia one of the Suitoa got the idea of getting higher than Maugauhi so problem started to set the families into two groups.

Maungauhi left East Bellona, he went and lived with Huaisongona the chief of Ghegau. He lived there until he went to his uncle Tukugei and together they farmed at Kangua not knowing by the family of Maugauhi.

It happened that that Osoeha and Tukugei rowed and Osoeha was wounded by Tukugei that coursed Maugauhi to go over to Kagua and damaged the gardens of Tukugei not knowing that Maungauhi and Tukugei both owned those gardens.

Mangumuia heard that their gardens were destroyed he went and pulled out the garden taro of Maungauhi. Maungauhi heard that his taro was spoilt, he cried. Later, Maungauhi with his friends went and damaged the garden yam of Mangumia. When this incident was known, Huaisongomasi went to take back his necklace he had given Maungauhi as the reward of his garden taro being damaged by Mangumuia. I went with mum who had joined the throng going with Huaisongomasi to East Bellona. On our approaching, we saw the people of East Bellona gatherer at Teakau in public. Maungauhi stood up and came toward Huaisongomasi. He got his axe with him. He asked Huaisongomasi why he came over. Huaisongonasi told him he was not coning to declare war but to take back his necklace. Before the necklace. Before the necklace was given, Maungauhi had kissed Huaisongomasi on the shoulder as a sign that they were no longer be a friend. Maungauhi was really angried to those Rennellese strangers who had coursed this trouble and finally brought separation between his friendship with Huaisongomasi. He cried. Huaisongomasi and his group returned back. Maungauhi went away, followed by a group of people and I was with then. We followed him up to Kagua land, he cut some small trees and planted them there. He also blocked the area near the main road. Then we followed him up to Honguabea land. He cut some trees there and blocked the area. He talked angrily in regard to Mangumuia saying, he will never inherit any portion on his lands. He continued to say that Kangua land was of Tongaka and Hongaubea of Kumigau.

Then we followed him up to Tehakapaia land. He had mentioned Tokahitu, Tukugei as he continued his talk, to say that they were the ones who had coursed the troubles between them. Then he repeated his statement to say that these strangers from West Rennell will never inherit any land from their lands. Not very long after, Maungauhi was murdered, and it was for solong, I did not visit East Bellona. It was during those days, I heard that Tukugei and his brothers were using those lands. I believe if Maunaauhi was still to live, the people will never act that way toward his lands. That's my knowing inregard to Suitoa.

Now, I would like to talk about Tangosia who came after Suitoa, He did not come to live on purposelly to live at East Bellona, but he came from Rennell and lived with Saungongo. Saomoana the people of Gikobaka. He lived with Saugongo but some how, he chased him out. He went and lived with Saomoana. Saomoana gave him hogometo land and built his house there, but his real land given was Kongogasau land which he had changed it's name, Abamoana. He lived here at Bellona until he got married. He went to East Bellona to live with Suitoa because he had married his daughter. Later, he went and lived with Tepuke and worked with him in his lands, making gardens etc. Sabagau Teatubai and Angatigi lands were given by Tepuke to Tangosia not to own them but to use then for farming only. I have seen him living at Henuahota, Agatingi and Teatubai lands. Tangosia once told Tepuke that he will send one of his wives to go to Ghogau, because they used to row. Tepuke told Tangosia to tell his wife Teota to go over and recleared Henuahota land live there.

Henuahota land was once a valley. The areas around it were owned by the family of Teikanoa, Temoa, When Tepuke stated that place, the people of East Bellona helped him. After completing his works there, he named the Hanuahota. There were two reasons why he had named it that name. First, he named it after the land of his friend Tangaibasa, second he named it because he started the place, as the name means, a land started.

So those lands were lived by Tangosia but only in the way Suitoa had used it before. Not very long, Tangosia died, and it was his family who took those lands without permission from the family of the Plaintiff. They started to plant those lands with coconuts in 1941 - 1943. Tangosia did not bother to plant any coconut on those lands because he know that they were of Maungauhi. I believe what Tongaka is saying to the truth. There are three ways in which you can transfer land to others.

First, you can transfer your land to someone to own it as his. Second, you can tell someone to take care of his lards as he is about to die, so that you can transfer those lands back to his son etc if they grow up and lastly, you can only given your lands to some to used them for business but they are not to own them. So concerning the family of Tangosia, it was the 3rd land transaction that was applied to. That's all I wish to say.

XX'D DEFENDANT - P/W 2
Q. Didn't you know because Henuahota was given by Tepuke to my mother Teota?
A. She was only allowed to live there and to do gardening but not to own the land.

Q. Whose power did a chief use to transfer land to others?
A. It was his power but not in the sense you are trying to apply it to Henuahota.

Q. You have mentioned that Suitoa was only a servant to Tepuke, why then did Tepuke offered Kamukega his son to their gods?
A. Because Suitoa had been so good to him by helping him.

Q. You have mentioned that we are not of East Bellona, however, during healthensim, the people of East Bellona got two holy ground or (GANGUEGA) Gotomatagi and Gotonugiki why did Tepuke give our family the one known GOTOMUGIKI if you say we are not of East Bellona?
A. It was only a small one that was given to your family and also it was not given as to separate from the big one, Gotomatagi as they used to connect to each other, and so when it was given to your family, it was only given to be looked after in connection with the big one.

Q. Why did Tepuke use Tangosia, Panio alot if you say they were not of East Bellona?
A. Because they lived with him and helped him in his works.

Q. Did you know where I was born?
A. No, but if it was at Henuahota, then that was where your parents lived.

Q. Where did Teota born his five children?
A. They were born at Henuahota but this does not mean that they were of East Bellona, because according to our custom, a persln can be born at any place but it does not entitle him be the citize of the place where he was born.

No Further Question.

XX'D COURT – P/W 2
Q. Who told you the meaning of the name Henuahota?
A. My mother told me.

Q. You have mtnioned that these two families were really good until when Mangumuia had spoilt their relationship, what had been spoilt in their relationship, their friendship or given out lands to the next family?
A. Their friendship in lands transaction.

Q. What particular name did Maungauhi mention to the land given to Tongaka?
A. The name Kagua

Q. Where were the brothers of Tukugei during that time?
A. They were at East Bellona but were regarded as of West Rennell.

Q. Can gardening be on the main centre of a place as you have said those lands were only given to the family of Tangosia to farm there?
A. No, but not in the sense you are taking.

Q. Why did Teota the wife of Tagosia come back to Henuahota from Rennell seeing she had spoilt everything before left?
A. She came back to the one (Tepuke) who was so good to them.

Q. Was there any grave from the descendants of Temoa on those lands?
A. Yes, at Hongaubea land.

Q. Was there any differences between Tagosia and Maungauhi after Tepuke?
A. No, they were good friend.

Q. Who owned the road at Paghoabu during those times?
A. Maungauhi but Tagosia used it for farming.

Q. Did the people of Tehakapaia give any holy ground to Suitoa and family?
A. No.

Q. When Maungauhi blocked Kagua, Hongaubea etc. did it mean that he got back his lands or he just like to display his title as a chief?
A. It meant to him, his lands were taken back.

Q. Whom did Maungauhi mainly refer to when he said, this people were now finished from my lands, the family of Suitoa or of Tagosia?
A. The family of Suitoa, but the family of Tagosia were only to live with him.

Q. Was there any sign at Henuahota as to indicate that the land was taken back?
A. No because Tagosia who was so good to Maugauhi was living there.

Q. Was it true Teota and her children were living at the main centre of Henuahota when they were affected by sores?
A. Yes.

Q. Do you believe if ever Maungauhi still life and his lands were planted by Tukugei and Tepai, would be alright to him?
A. No.

Q. Why did not any from the family of Tagosia occupy Sabagau land seeing it was first settled by Tagosia?
A. The area was so small as the people of Tehakapaia occupied it.

Q. If Tagosia was so good to Maungauhi, why didn't he plant any coconut there at Henuahota?
A. He knew those lands were of the people of Tehakapaia.

Q. Who owned the land where the holy ground was as the family of Tagosia had used it?
A. The people of Tehakapaia and Pangangiu.

Q. When Tagosia went back to Rennell, did he think he was going for good or did he think he will return back?
A. He thought he was going for good, but when his family met hardship as some died, he returned back.

Q. Where did the family of Tagosia live before going to Henuahota?
A. They lived at Teatubai land.

Q. Did Teota get any children by the time she was allowed to live at Henuahota?
A. I don't know.

Q. Because Tagosia did not plant any coconut at Henuahota, did Maungauhi plant any there?
A. No, but he knew it was his land, so as Tagosia.

Q. When Tagosia heard Maungauhi saying bad things to his wife when she lived at the main centre of Henuahota when she was affected by sores, did he say anything to him?
A. I don't know.

Q. Why did Tepuke accept Panio of West Rennell as one of their men but rejected Suitoa and Tagosia of West Rennell.
A. Tepuke accepted him and adopted him because he had no father.

No Further Question.

No Further Witness for the Plaintiff.

DEFENDANT SWORN STAGES - TEPAI

I would like to talk on how the people of East Bellona began. The West Rennellese people and the people of East Bellona were separated from a place known, Ghogau. When the people of East Bellona separated, they only reached their third generations when they were ended.

Muakitangata went to Rennell or west Rennell and saw a baby boy, so he claimed him to be his son. That boy left behind when Muakitagata came back to Bellona. After some years, this man cane to Bellona. He lived at Matakiubea until he got married and got a son named, Bibao. This boy was used to called in a nick name, (MANGOTUPU) that is to say, he came where else. So West Rennell and East Bellona were combined by this man GAIMONO. These two groups used to helped and supported each other in their works. There was a group of people who lived with the people of Pangangiu came from Segena at West Rennell. During the time of Temoa the grandfather of Tongaka, there was a Civil War broke out at Bellona, he was afraid and went to West Rennell finding refuge. He lived with Temoa and Huaima-nogi for many years. They had offered him to their gods. He came back to Bellona and Huaimaonogi came with him. They had started the holy ground at Gotomatagi. They divided it up as one side of that holy ground for West Rennell and one end for East Bellona.

A man named Suimangu and his family were the descendants from those who had owned the one side of that holy ground, Gotomatagi. This was the sign indicating that West Rennell and East Bellona were combined by Gaimono.

There were two families, who came from West Rennell. First, Suitoa came to his uncle Temoa. Temoa got two nephews. Temoa and Hakapauhenua. Temoa gave his nephew Suitoa some lauds. Hongaubea, Hageika and Bogauga. Suitoa had moved and started Kangua. This family of Suitoa lived there and helped the family of Temoa. When the family of Suitoa grew up, Tepuke had offered Kamukenga to their gods to be recognized as a man.

I would like to talk on the family where I came from those who came from West Rennell and lived with Tepuke were Tagosia, Panio, Puipuia, Sengaika. Tepuke had cared for then because by was the chief of East Bellona. As Tagosia lived with Tepuke, he gave him Henuahota, Sabagau and Teatubai lands. Tagosia lived with him and worked with him in all his works especially the performing of ceremonies at his holy ground.

Tagosia was once at Teatubai when Tepuke came there and gave him a coconut tree at Niupani land to own. So those two loved each other.

When christianity came into this Island, there were no differences between our friendship. When the people of East Bellona built 8 church buildings, our family got two out of these eight buildings. Ours were owned by Tukugei and Panio. The people of East Bellona were well known of their seven large feasts they had held during the time christianity came to us, we got 2 out of these 7 feasts.

When Tagosia and his 3 wives lived at Teatubai, Maungauhi and his wife went to West Rennell and their son Taongaka left behind and cared by Mataga'a the wife of Tagosia. When Maungauhi and his wife returned, Tongaka was brought back to them. Tongaka never forget the kindness Mataga'a had shown toward him. When he got married and got a daughter, he named her Mataga'a.

Tagosia and his 3 wives were at Teatubai once when they were rowed. Tagosia was in favoured with two of his wives against Teota who was my mother. My mother took his little girl and I so we went down the place. On our way, we met Tepuke. He asked mum why she was cruing. Mum told him. Then Tepuke said, you go and cleared up Henuahota land and live there. We came to Henuahota and there we saw nothing but bushes. Mum worked there and finally we settled there. Dad cane over and worked there as well. Living at Henuahota land, dad got another land called, Gebae. No body had owned this land because it was near the tambu place called, OOA. While dad was working at Gebae, his little daughter Teagotai was cursed and died because of that tambu place nearby. She was burried at Henuahota.

It was once out little brothers in our family, we were playing in public at Tekoiga and once of our brothers Baipolo was curse and died. He was also burried at Henuahota land. There was nothing to disturb us while living there. Dad got many feasts held there, and when I grew up, I also made feasts there. We got children born at that place. My parents got 5 children born there. They were, Kabasau, Teagotai, Temota, Moa and I. I lived there until I got married and got children. For all these things our family were doing, we were helping the development of East Bellona. My son, burried his son at that land. I honestly believe Henuahota was not stolen from this people. It was given by Tepuke. When the cyclone Kerry struck this Island, lots of my properties were spoilt there. I did not row with Tongaka at Henuahota. I still live there by now. I was surprised when I heard that Tongaka reports me on that land.

END.

XX'D PLAINTIFF - DEFENDANT
Q. How did Gaimono combine West Rennell and East Bellona?
A. Because Gaimono was of West Rennell but was adopted by Muakitangata as his son to continue the generation descendant of East Bellona.

Q. Which Descendant did Gaimono come from, of Tinopau of West Rennell or of Baiave where you were descended of?
A. He was descended from a place known, Tehakatu'uigoto where we came from.

Q. Why did you try to compare Gaimono and Baiave seeing they were completely different?
A. Because Gaimono was of West Rennell where our family came from, who came and continued the generation of East Bellona.

Q. Whose blood descendant was Baiave?
A. He was of Panio.

Q. Who was Panio?
A. He was our ancestor.

Q. Was it true Temoa went to West Rennell as a stranger?
A. No, he went there because he was afraid.

Q. You have mentioned that Temoa was offered to the gods of West Rennell when he was there, how comes then because he had owned a holy ground given to him by Teikanoa?
A. Yes, he was oferred to the gods of West Rennell.

Q. If you say Gaimono married a girl from East Bellona why did your dad marry a girl from West Rennell seeing they were both of West Rennell?
A. Because they had fell in love to each other.

Q. Did your ancestor Baiave and Teikanoa of mind were of one descendant?
A. No, but they were because Gaimono of West Rennell where we came from had came to continue the generation of East Bellona.

Q. Did your family own any land at West Rennell?
A. Yes, we do.

Q. Did Temoa and Tepuke ask your dad to come from West Rennell and live at East Bellona?
A. No, but when he came there, Tepuke the Chief had cared for him.

Q. Why did your family steal his lands if you say he was a thief and cared of you?
A. He gave us those lands.

Q. Were there any people at East Bellona when your dad went there?
A. Yes, they were, but they were good and kind.

Q. Did your dad see any land mark when he went to Henuahota.
A. No, he didnot.

Q. You have mentioned that your family got graves on those lands, whose graves were there first, yours or ours?
A. Yours, but ours were there later because they were given to us later.

Q. You have mentioned that Henuahota land was given by Tepuke to your mother, Teota, who was important to Tepuke, Maungauhi or Teota?
A. Maugauhi, but he gave the land to Teota to show that he was a chief.

Q. Where was Tepuke when Maugauhi angried to your mother and her children when they were affected by sores and lived at the main centre of Henuahota?
A. He was died long before the incident took place.

Q. Whom did Tepuke purposelly make Henuahota for, Teota or Maugauhi?
A. But he gave it for Teota.

Q. You had once asked Timothy to make your garden on his land, did you own that land as yours?
A. No.

Q. But why did you take Henuahota when it was only given for your family to farm on it?
A. Tepuke had given it for us.

Q. Why did your family get the bones of Tepuke's grand grand fathers if you think highly on him as a chief?
A. That story is not true.

Q. Did your family plant any coconut at Henuahota at the time of Temoa?
A. No, because there were no coconuts during those days.

Q. Didn't you know because lots of feasts were held during those days and there were lots of coconut fruits?
A. Yes, but they were not commonly given to others.

Q. Who named the land called Gongosiaiho at West Rennell?
A. I do not know.

Q. Didn't you know because Tetuha told me you had written to him and told him it is yours?
A. They believed it was or is mind, but I am not using it.

Q. Didn't you know because when your mother died, I had stopped her body not to bury at Henuahota?
A. You did not stop her.

Q. Did you know the names of the ones who lived at Pangangiu you have mtnioned?
A. They were Manakihea and Tamaui.

Q. Why didn't you go back to Rennell seeing you have done many wrongs to our family?
A. It's only you who started to make divisions among us.

Q. Can a cat and a rat live together?
A. No

No Further Question.

XX'D COURT - DEFENDANT
Q. Can anyone in the family of Tongaka to West Rennell and live at any land where Temoa had lived at when he was there?
A. I believe he can.

Q. Who were the descendants of Huaimanagi at East Bellona?
A. The family of Suimangu.

Q. You have mentioned that the family of Suimagu had owned one end of the holy ground at Gotomatagi, did this family own any land there?
A. No.

Q. You have mentioned that your mother started to work at Henuahota when you was a little boy, then you mentioned that you was born there, which one is true?
A. It's only a misunderstanding but I was not born there.

Q. You have mentioned that West Rennell and East Bellona were combined by Gaimono, was this combination concerning their lands or their supporting of each other in their works?
A. Their supporting of each other in their works.

Q. Do you believe Gotomatagi was began by Temoa?
A. Yes, I do.

Q. Did Tagosia plant any coconut at Teatubai, Gebae during; tie tine when lots of dry nuts on this Island?
A. Dry nuts were not distributed commonly eventhough they were many during those days.

Q. He used to go over to Rennell, why didn't he bring some?
A. He was not think of it.

Q. Did any one at East Bellona own any land at West Bellona?
A. No.

Q. Why did Suitoa cone to Temoa, did he come to him purposelly to own lands or because they were uncle and nephew?
A. He came to him because he was his uncle and that else relationship was the reason why Temoa gave lands to Suitoa.

Q. You have mentioned that your dad had Gebae and Henuahota lands, how comes you’re your family have occupied Hongaubea, Kagua?
A. Tukugei came there in next to Suitoa and family.

Q. Did Suitoa give Tukugei the land called Paghoabu?
A. They used it because it's only a nearby place to them.

Q. Did they mean to say they own it?
A. I don't know.

Q. Do you mean to say Paghoabu was given by Suitoa to Tukugei?
A. Yes.

Q. You have mentioned that Suitoa had brushed Kagua as it was just begin, was that land a Tambu place?
A. No, it was not.

Q. Did Puipuia own any land at East Bellona?
A. He was given Sikugoto.

Q. Who owned it by now?
A. Kumigau the brother of the Plaintiff.

Q. Did Suitoa get any other lands that were not given to him by Temoa?
A. He got some because Temoa was his uncle.

Q. When your family were using the holy ground to perform ceremones there, did your family use it as yours or what?
A. Yes, our family had used it as ours.

Q. Who owned the land where that holy ground was situated?
A. John Tay, the Bellona Local Court President.

Q. Who started that holy ground, Tepuke or Tagosia?
A. I think both of them.

Q. Where did your family take as their next step after performing ceremonies in their small holy ground, Gotomagiki?
A. They moved to Gotomatagi.

Q. Why did your parents spoil every thing at Henuahota when they went to Rennell?
A. That is not a true story.

Q. Did Tepuke give your family Teogoghaimega?
A. No, My dad had started it.

Q. You have mentioned that when your family went to Henuahota, only bushes were there, didn't Tepuke and Tepugake do any thing there because they were first to live there?
A. There were nothing there.

Q. Who gave you the upper part of Henuahoto.
A. I have extended my works there.

Q. Where was Nabogho land as you said only Kagua was named to be the name of that area when Suitoa first brushed it?
A. It could be that name, but Suitoa had brushed it and name it Kagua.

Q. Do you believe if Suitoa had no land to live at East Bellona, will he ever started Kagua?
A. No.

No Further Question.

This case is adjourned for tomorrow 13.3.80 at 8 o'clock am. The Defendant needs his first witness.

T.E. MUNA

This case continued today, Thursday 13.3.80.

D/W 1 SWORN STATES - TIMOTHIEUS BAIAVE

I would like first of all to begin when the people of East Bellona separated themsleves from Ghogau. After they were separated, they kept on multiplying and when the reached Saugongo, their generation was ended. So Teikagogo who was the youngest brother from Saugogo came in to continue their generation. He got a son from Muakitangata but he was also ended. Muakitangata went to West Rennell and saw a baby boy there so he claimed him as his son. Muakitanga came back to East Bellona and finally he was died there. His adopted son Gaimono was still at West Rennell, Gaimono was once going around the thick jungle of West Rennell when he had lot his track and could not able to find his way home.

Gaimono, realizing that he was in a dangerous situation, he prayed toward his father Muakitangata to save his life and he made a promise in his prayer that by saving his life, he will come to East Bellona and continue their generation. Later, Gaimono came to East Bellona and lived at Matakiubea and married Kamuata of Taumako. They got a son named Bibao. He was also called Mangotupu because he was born from a woman of East Bellona. So that's how East Bellona came out from Ghogau.

Now I would like to talk on the family of Tagosia and Suitoa. First I would like to talk on Suitoa and family. Suitoa came from West Rennell and lived with his uncle Temoa who had given him lands. Suitoa lived at Hongaubea. He had extended the area and started a place called Hageika. He extended it further to reach Bogauga and Kagua. This family got lots of feasts and children brought up there. There were differences between the family of Suitoa and the family where the Plaintiff came from, so the family of Suitoa went and lived at Ghogau. Tukugei and his mother were left behind to look after their lands. Tukugei was left behind to care for those lands because he was originate at Kagua after all, the family of Suitoa went back to these land. The family of Suitoa were died except Mangumuia. Again, differences came in between him and the family, where the Plaintiff came from. So Mangumuia left and went back to Ghogau and again Tukugei left behind to care for their lands.

Now I would like to talk on the family of Tagosia. The land was not given to him at first (Henuahota land) It was first given to Tepugake by Tepuke. Tepugake by Tepuke. Tepugake had built his house there, it was not the house of Tepuke. The house was destroyed by Maugaika after a rowing was between Tepugake and Teikanoa who was the son in law of Maugaika. Tepugake left that land and Tepuke gave it for Tagosia. Tagosia had built a house there and stored all his goods in. He had held a feasts there and had invited the whole of Bellona to attend the feast. We got 27 children born there at Teatubai and Henuahota. We also got 11 graves at Teatubai and Henuahota. All these were during healthenism. When Christianity came to Bellona we still lived there. We got 2 feasts there and also Tukugei got one. During the feast of Tukugei, he had invited Taupongi the chief of West Bellona to attend his feast. He gave thanks during the feast. There were two gods been represented in the feast and these gods were represented by Taupongi and Tongaka the Plaintiff.

We have done many things to help the family where the Plaintiff came from. When Maugauhi built a house it was Tukugei who helped to make its roofing. When that house was dedicated and two gods were to serve, Maungauhi and Tukugei represented the two gods. It was not a true story when Tagosia and his wife went to West Rennell and spoilt everything at Henuahota before they left. Infact, when Tagosia went to West Rennell two of his wives; and children were left and Tukugei was also left. Tagosia only paid a visit to West Rennell where my mother Teika'asu was finally died.

When Maungauhi heard that Tagosia's wife was died, he was very sorry and he had prepared to go and see him. Tukugei was thinking of going with him but he was told to stay seeing it was not too long since he heard about the death of Tagosia's wife. Later, Tagosia came back to East Bellona. During that time, the people of East Bellona were declared a war upon and as the result, Maungauhi who had been so kind to us was murdered. When Maungauhi was killed, Tokahitu got all the tools or equipment of their holy temple at Gotomatagi and buried them at the grave of Maugauhi.

Tagosia had told Tukugei to go and started back the worshipping of the Temple at Gotomugiki in rememberance of Maugauhi's death. All the ceremonies performed to honour the death of Maugauhi were done by our family. Our dad Tagosia also told us his seven sons and his daughters to shave our heads indicating our great honour to the death of Maugauhi. Living at East Bellona is not a new thing to our family descendant. There was once a man called Mausonga of Segena at West Rennell, who used to come over to Bellona at night and joined with those who were fishing during the session of flying fish. He had married a woman from the clan known SA'ATONGO and used to live at Urumaua. He used to leave his wife here at Bellona and went back to West Rennell. He got two sons named Manakibea and Tamaui. They had lived at East Bellona in their place but actually, they were of Segena at West Rennell. This had happened before Gaimono came to East Bellona. There is none at East Bellona now who still exist as from where they had been separated, Ghogau. All the people who were brought up at East Bellona since the time Gaimono came there, are of West Rennell. Because Gaimono had continue the generations of East Bellona, all of us who were and are still at East Bellona are of West Rennell.

Everything our families had done at East Bellona, we were not making them for the development of any place but for the benefit of East Bellona and it's people. We honestly believe, the lands we are living were not stolen but they were given to us.

END.

XX'D PLAINTIFF - D/W 1
Q. You seem to me as you are making your own story, but do you know the geneological order started from Kaatu'u to you.
A. I am only stated the time when East Bellona had separated themselves from Ghogau

Q What was that dispensation from Ghogau?
A. When Tokahitumatua who began East Bellona separated himself from Ghogau.

Q. Who was the father of Tokahitumatua?
A. I do not know his father's name but he was the beginer of East Bellona.

Q. How many sons of Tokahitumatua?
A. He got 2 sons, Makiu and Huei.

Q. Can you state the generation of Basuka?
A. I got a list of it in note book but I forgot to get it.

Q. When Saugongo was ended, which place was ended, East Bellona or West Rennell?
A. East Bellona.

Q. When Magiegoa and Temoa continued the generation of their descendant, which place that continue East Bellona or West Bellona?
A. East Bellona but they were descendants from West Rennell.

Q. Where did you come from, East Bellona or West Bellona?
A. I was originated from Pangangiu at East Bellona.

Q. How did you say you are from East Bellona?
A. Because I was born there at East Bellona.

Q. Do you want me to tell you your descendants?
A. Yes.
Panio, Baiave, Tangitonga, Baiave, Tatosia and then his sons.

Q. Is it true these were your generations?
A. Yes.

Q. But where was Gaimono in the list?
A. I am only mentioned Gaimono of West Bellona because we are of West Rennell.

Q. If you were originated at East Bellona, where was I originated or my mother come from at Ghogau state?
A. Nukuangoha.

Q. Where did I go then?
A. East Bellona.

Q. You have mentioned we were one, yet we've two gods; yours Tupiumatagi and ours Hakasaohenua, did we worship one or two gods?
A. Both.

Q. Were Suitoa and Tangosia good to Tepuke and Tenoa?
A. Yes they were.

Q. Did Suitoa and Tangosia join Tepuke to take lands, or relatives sake?
A. Not to take land but because they were so good to each other that he gave them lands.

Q. Were those lands allowed for planting coconuts, or for gardening only?
A. They were thinking of planting coconuts but because no one give them.

Q. When your dad went to West Rennell, what does he do with his coconut palms?
A. He was not thinking of them.

Q. Where did your father come from?
A. From West Rennell, but not to take lands by force.

Q. But why did your brothers plant coconut palms in our lands?
A. Because they were given to us by Tepuke.

Q. When the family of Suitoa left those lands why did you take them?
A. Because Suitoa and Tukugei allowed them.

Q. Didn't you know that those lands were taken back by Maungauhi and gave them to Kumingau and I?
A. But Tukugei was there and nothing had ever happened.

Q. Why did you want to take our land?
A. Because they were given to us by Tepuke.

Q. Mangauhi wasn't control by Tepuke, didn't you know that?
A. But he didn't spoil the family of Tangosia.

Q. When Suitoa cut a tree at Paghoabu, the wife of Temoa crossed and you planted coconut palms in our lands; which is important?
A. Coconuts palms, but we planted them because then were allowed.

Q. Didn't you know that before your father died, he said you will go back to Rennell?
A. But because we had been grown up to live at East Bellona.

Q. Did you kill any of Sa'atanga?
A. Our ancestors.

Q. Who gave the name Gotomungiki?
A. Tepuke.

Q. To whom did Panio give his church?
A. To Kumingau.

Q. Why did you ask the road at Paghoabu before brushed?
A. I believed it was given to us.

Q. Who was so important to Tepuke, his son or your family
A. Both.

Q. Who to own the lands of Baiave, your ancestor at Rennell?
A. Ours, but if we are here, the ones who are there will have them.

Q. Do you want to own lands on both Islands? (Rennell and Bellona)
A. We are of East Bellona seeing that we born there.

Q. Who named Tehangesonga, Bongaunga etc?
A. I just hear those names.

Q. Didn't you know that I've got graves there before yours?
A. They are equal.

Q. Can you go back to Rennell?
A. No. Because we are of East Bellona.

No Further Question.

XX'D COURT - D/W 1
Q. Did Tepungeka give Henuahota to Tangosia?
A. No. It was Tepuke.

Q. Did Tepuke build any house at Henuahota or not?
A. I said, Tepungake who first built his house in there.

Q. When the labours of Tepuke worked at Henuahota where did they live?
A. They lived at Puipui etc.

Q. Which had happened first, the birth of Maungauhi or the house of Tepungake?
A. The birth of Maungauhi.

Q. Was there any of your graves at Hangeika?
A. Yes.

Q. Who gave you permission to live there, Suitoa or Tepuke?
A. Tepuke.

Q. Which is true, Tepuke gave you, or Suitoa?
A. Tepuke, but Suitoa after and cared for it.

Q. The areas were brushed by Suitoa, were they Tambu?
A. No.

Q. Apart from Hongaubea to West lands, where they were given to you?
A. I believed those areas were of Hongaubea.

Q. Tukungei took Paghoabu by whose power?
A. Tepuke.

Q. Did your family take those lands for gardening, or, to plant coconut palms
A. Both because they were given to us.

Q. Why didn't you plant Gebae and Angatingi?
A. Because they were not given to us.

Q. Whose power is important to you, Suitoa or Tepuke?
A. Tepuke.

Q. Did you come there because of Manakihea?
A. I've mentioned them because of Rennell.

Q. Have they any descendant at East Bellona?
A. At Sengena.

Q. Whose descendant is still exist, Makiu's or Huei's?
A. None of them.

Q. If so, who is at East Bellona now?
A. West Rennell.

Q. Who was the father of Muaikitanga?
A. Teukangongo.

Q. At whose time did Mangumuia dug the bones of his father Tepuke or Maungauhi?
A. It was of Maungauhi.

Q. But why did you have power there through Tepuke?
A. Because even though they both chiefs, we live there because of Tepuke.

Q. Did Tepuke give the land to Tangosia after the bones were taken out?
A. They weren't of Tangosia's descendant.

Q. Did the people of East Bellona own any land at West Rennell?
A. If any could ever go there, they will have or own lanes.

Q. Did Tukugei and his mother left on those lands just to care for their properties or the lands?
A. Both.

Q. Why? Seeing you've said they will go back to East Bellona?
A. Not in the sense.

Q. When Mungauhi made a garden at Nabaitango, did he ask Tepuke or Suitoa about it?
A. He used it even though those lands were given out, he was a chief so he had to.

Q. Why did your family extend the land to reach the sea coast?
A. Because they were given.

Q. What relationship was Tepuke to Tangosia?
A. They were cousin brothers.

Q. When the garden of Mangumuia was spoilt, did your family involve?
A. No.

Q. Why did Tukungei infavour with Suitoa who fought against Maungauhi till he lived at those lands at last?
A. Because they were uncles.

Q. Do you believe those areas were of Mangumuia?
A. Yes, Because they were given.

Q. But why didn't his family live there?
A. They still claim them.

Q. Any of your graves at Kangua (Bongaunga)?
A. Yes.

Q. Did you against the whole of East Bellona, or the family of Temoa?
A. Not all, but the one who came to continue East Bellona.

Q. When Huaisongomasi and Maungauhi met were any of you there?
A. No.

No Further Question.

The case is adjourned as the second witness of the Defendant is not here at the moment.

T. EDY MUNA.

D/W 2 SWORN STATES - TONGAKA KAMUKENGA)

The family of the Plaintiff and ours came to know each other by the time of Temoa who was the grandfather of the Plaintiff.

Before the friendship between those two families began, Temoa was first of all went and lived for most of tine at Rennell before coming back to Bellona. When he came back, his newphew Suitoa had lived with him and it was then that Temoa gave him Hongaubea land and he gave Teatubai land to Tangosia my father. By the tine these two places were given, Tepuke the grandfather of the Plaintiff was alived and he had loved and supported our family alot because he was a chief. We did not steal these two places from the ancestors of the Plaintiff. When our dad lived in the land where it was given him, he did not intent or try to take any more land from this family of the Plaintiff.

I would like to talk about Henuahota land. That land was not stolen by Tangosia but rather than it was given to our family by Tepuke the chief. Before that land was given to Tangosia's family, Tangosia at first got 3 wives and his first wife was Teota. Oneday, these wives were rowed so Teota got his 2 children and went away, thinking of going to some of her relatives living at Ghogau state. They met Tepuke on their way and it was then that Henuahota land was given to her and by then Tangosia went in to that land and started to work in there. Before Tepuke gave out that land, he had first lived there and a man by the name, Tepugake had built his house at Henuahota. His house however was destroyed by a man named Maungaika after some rowings came in between them. So when that land was given to our family, Tangosia had devoted most of his time working on that land and I have seen it myself. He had far med and built his house there. He did not take that land without the permission of Tepuke and his son Maugauhi the father of the Plaintiff. The family of Tepuke and Tangosia were very kind at each other. They were helping and supporting each other in their works etc. Tepuke and Tangosia were supporting each other in their system of offering sacrifices and more than all, Tepuke had given. Tangosia to own one Temple in which to offer sacrifices called Gotomugiki as Tepuke had owned two of them.

When Tepaku died his son Maugauhi was left but even that, Tangosia still offered or cared for the services of the Temple that was given by Tepuke. Maungauhi had knew it.

During those days refers to, coconut fruits or tree was very rare to get or to own, but Tepuke had given Tangosia a coconut tree that was at Niupani. This was an indication that Tepuke had loved Tangosia alot. Our family never take any land with out the permission of Tepuke. When we grew up, we only lived at the lands that were given by Tepuke to Tangosia. When Tangosia got a son, he had named him after Tepuke to be Tepuke and Teikongo as the next name of Tepuke. Tepuke had given or expressed his thanks to Tangosia about it and Tangosia tod him that it would be an indication that their friendship would last throughout their family descendant.

Now I would like to talk about Temoa and his nephew Suitoa. Temoa had given the lands called, Hongaubea and Banguaga to Suitoa. Suitoa had lived and made use of those lands like farming etc, even when Temoa died and Tepuke had cared on our two families. Suitoa did not steal any land from Temoa. He had supported Tepuke a lot and Tepuke had cared and supported him because he was a chief.

When Suitoa got a son, named Kamukenga, Tepuke told Suitoa that he would get him and cared of him or he would live with him. When Kamukenga grew up, Tepuke had sacrificed or had performed him in his temple as to be recognized to be a man.

After Tepuke was died, his son Maugauhi took over and in the same manner as his dad died, he was kind to our families. They were continued to perform Sacrifices in their temple. Maungauhi did not give any land to Tangosia except the lands his dad had given. When Maungauhi was murdered, it was our family who had performed the ceremony that was performed to give honour and respect to his death.

As a sign of respect and honour according to our custom, inregard to those that used to be in trouble, our family showed their heads to honour the assassination of Maugauhi.

When we came to live with the family, we came to them not with high minded to be mastered to, but rather than to support each other.

As sons of the family of Maungauhi and of Tangosia; we are brought up thinking of supporting each other. When I got my feasts etc, I used to put Tongaka and his brother Kumigau first in their share bringing into mind the good relationship that was between our ancestor? To sum up my statement, we did not steal those lands that we are claimed of, but rather than we were given to own them.

END.

XX'N BY PLAINTIFF
Q. Did Temoa own any land at Rennell Island when he went and lived there?
A. No, he didn't.

Q. Did Temoa bring Tangosia to live at Matagi ie. East Bellona.
A. Yes, he did.

Q. Didn't you know because Tangosia had lived with a man called Saomoana as he had came with him to Taabagibo District?
A. That was came later but Taugosia had lived at Matagi.

Q. How old was Tepuke when your dad came to Matagi?
A. He was a big man.

Q. Was there anything like coconut trees that were at Hongaubea when Temoa gave that land to Suitoa as you said?
A. It was only a big bush.

Q. Didn't you know because there was a man named Sauika who had lived there before Suitoa?
A. It is true but I am talking about the time of Suitoa.

Q. Did your dad plant any coconut trees at
A. No, but he had planted some betel nut trees there

Q. Did your dad plant those betel nut trees before or after the death of Tepuke?
A. Before he died.

Q. Did your family go back to Rennell Island at any time?
A. Yes, but we were of Matagi.

Q. Why did you spoil everything your family have been planted when you went to Rennell
A. Those women have spoilt them but that's their habit.

Q. Who was the first person to build housing at Henuahota, my dad or your dad?
A. A man named Tepugake.

Q. Whom did Tepugake ask to live at Henuahota?
A. Tepuke

Q. Why didn't your family ask Kumigau and myself before living at those places?
A. Those places had been given to our family by Tepuke.

Q. Is it true the temple at Gotomugiki was owned by your family?
A. Yes.

Q. Who had allowed Tangosia to own that important temple?
A. Tepuke

Q. Was it true that our families were kind and live eath other
A. Yes.

Q. Didn't you know because your family had spoilt the bones of our family that were died?
A. But we were only followed what Tepuke had said.

No Further Question.

XX'N BY COURT
Q. Did Tepai have accompanied Teota when Tepuke gave her Henuahota land?
A. No

Q. Who named the name Henuahota?
A. Tepuke.

Q. Why did the family of Tangosia live at the lands that were given to the family of Suitoa seeing you were only given two?
A. Because when that family died and only Mangumia left, he also left those places and went away so we came in to take them.

Q. Whom did Temoa give Paghoabu to, Suitoa or Tangosia?
A. Suitoa but we got it later.

Q. Did the family of Suitoa end?
A. No, but we got those lands from then because they were given to them.

Q. Did Temoa give you 2 families the area known Aba'aba?
A. No.

Q. Who named the name Hongaubea?
A. I don't know.

Q. What were the name of those 3 places that you have said they were given to your family?
A. Teatubai, Hongaubea and Bogauga.

Q. Did you ever think of any time that your family was chased out by Maugauhi?
A. Only once, but he did not chase us out. He was only angried about the rowing that was occured between our 2 families.

Q. Did Tepuke give any coconut trees to anybody apart from the one he had given to Tangosia?
A. I don't know.

No Further question.

This case will be decided tomorrow, Wednesday, 2nd July, 1980 at 9 o'clock.

T. EDDIE MUNA.

The Court meet today, Wednesday 2nd July, 1980 to decide this case.

JUDGMENT

The Court have discussed this case in all their evidence and found that the land called Henuahota is won by the Defendant Tepai, and the lands like

Kangaa
Bogauga
Tehagesonga
Hongaubea
Paghoabu
Abaukeke are won by the Plaintiff Tongaka.

These are the reasons why the court believes that Tepai is the owner of Henuahota land.

1. The Court believes that Henuahota land was given by Tepuke to Tepai's family because since the time of Tepuke then to Maungauhi and then to Tongaka and Kumigau, the Court could hardly found from evidences that there wasn't any rowing that happened between the 2 families until this claims happened this year.
2. The Plaintiff have mentioned that when his garden bananas at Teogokava was destroyed by some one and he had suspected it to Tepai, he came over to Henuahota and destroyed all the bananas, pawpaw etc. there and the Plaintiff have claimed that he had done this to indicate that Henuahota was controlled by him.
Looking at this point, the Court found that if Tongaka had damaged those things at Henuahota without any Course and at the sametime stated his claim as the land was his, this could be acceptable, but seeing you had spoilt them believing that it was Tepai who have spoilt yours first, the court found and believed that in your motive the land was owned by Tepai.
3. The Plaintiff have mentioned that Tepai's family had nothing to do with Henuahota because they had left it and went to Rennell Island. The court couldn't believe him because Tongaka have also stated that not very long after this family went back to Rennell they had returned and came back to Henuahota.
The Defendant have mentioned that it is true their family went back to Rennell but they were only going there for a visit but they still claimed the ownership over Henuahota and when they had returned, they did not live at any land but at Henuahota. So the court believes the land is of Tepai.
4. The Court believes that Henuahota was given and owned by the family of Tangosia because the Plaintiff have stated that when Maungauhi brushed the Mountain Tengauase and lived they and Tukungei had planted his coconut trees along its side, he have mentioned that it was then, when Maungauhi got those lands like Kangua are and gave them for him (Plaintiff) and Tehangesonga and Honguabea for his brother Kumigau. The Court hardly found the Plaintiff to state as who was to own Henuahota. So the Court believe it was owned by the family where Tepai came from, during the tine the Plaintiff is refering to.
5. From evidences, the Court found that Henuahota was occupied by several line of people, like Tepungaka etc. The Court however discovered that while it is true that this land was being occupied by some friends of Tepuke, this was not in the case of Teota.
The people like Tepugake etc. who had lived at Henuahota had asked Tepuke the land owned to live there, but not Teota. When Teota and her family lived at Henuahota, it was Tepuke who was the real land owner who had permitted her to go to that land.
6. The Court have discovered that there was no disturbance from the family of the Plaintiff inregard to the land when Tepai and planted his paddock of coconut trees there.
The P/W 1 Mr. Basiana have stated that a man named Tokahitu was annoyed when he had seen later that Henuahota was planted with coconuts. The Court however proved that the P/W 1 is telling lie because when he was questioned seen their lands that were planted by the family of Tangosia with coconuts as he said they came to sense it that their lands were planted after they had discovered those coconuts to be some number of years since they were planted he have answered it and said, they didn't see them. The Court found that the two areas the P/W 1 have stated are contradicted at each other.

These are the reasons why the Court believes that the lands like - Kangua, Bongauga, Tehagesonga, Hongaubea, Paghoabu, the Sea Coast Villages like Abaukeuke etc. are won by the Plaintiff are these:-

1. The Defendant have stated that the area where those lands are were given by Tenoa to his nephew Suitoa.
The Court have found that after Suitoa was died and his family like Mangumuia was left, this Mangumuia's family had left those lands or they were expelled from the areas by Maungauhi, therefore, instead for the family of Maungauhi to live on those areas, the family of Tangosia who were not given those places went in and occupied those lands.
2. The Defendant side have stated that their family i.e. the family of Tangosia were given to own 2 pieces of land and 2 to the family of Suitoa when the f:mily Suitoa had left, the family of Tangosia took over those two places without the permission of the family where the Plaintiff came from.
3. The D/W 2 Tongaka Kamukenga have stated in his answer to a question asked by the Court that those lands were given by Mangumuia to Tukungei. The Court believes to the Plaintiff side when they have said that Mangumuia had done many wrongs to Maungauhi like destroying his gardening taro, he had stolen the bones of his ancestors, and for these reasons, Maungauhi had chased him away from his lands. More than all, when Mangumuia had left, Mangumuia had dug the bones of his son and took them with him as to indicate that he had nothing to do with Maungauhi and his lands so its of no use when the D/W 2 said that they came in to own those lands in next to Mangumuia.
4. The D/W 2 have stated in his answers to the question asked by the Court that other lands apart from the 2 lands that were given to them, they got them by their own will without the permission of the family who had owned those lands.
5. The Defendant side have stated that in those lands, they got their graves there. However, the Court believes the Plaintiff who have said that they got their graves in those lands long before the graves of the Defendant's side.
6. The Court believes that those lands apart from Henuahota were not given to be owned by the family of Tangosia but to use them for gardening etc. This can be proved by the fact that this family did not allow to plant any coconut tree on those lands.
7. The Court harly found in the evidences of the Defendant' side that Paghoabu was given to any one in their family.

DECISION

Henuahota land is won by Tepai, except the other lands previously mentioned in the Judgment are won by the Plaintiff, Tongaka. The Court is to go over to Henuahota land and it's boundary to be marked, tomorrow 3rd July, 1980 after the decision of this case is announced.

ORDER

The Court orders that the family of Timothius Baiave who are living there by

1. now is to be either living at Kangua and use their goods like gardening or to go some where else and make use of their gardens inside the period of one year. They are not to make any new planting of crops etc. Inside the period allowed, their houses, pigs etc, are to remove. The period allowed will be expired on the 2nd July, 1981.
2. The Court also have considered and made it's order that the Plaintiff Tongaka has to pay compensation for those coconuts that are on those lands, $120.00.
The Court has ordered that this amount has to be either paid inside the period being marked for the departure of the family concerned of Kangua or the plaintiff can make an immediate pay for it.
In default for the Plaintiff to pay the amount of compensation demanded by the court, the Defendant's family will have to cut down all their coconuts on those lands.

JOHN TAY

Court President

EDDIE MUNA

Court Clerk