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Belamataga v Dala - re Ungana Land [1981] SBLC 4; Civil Case No 1 of 81 (16 April 1981)

SOLOMON ISLANDS

IN THE TANGARARE LOCAL COURT

CIVIL CASE NO: 1/81

BETWEEN:

Mathew Belamataga & Emanuel Qoi
PLAINTIFFS
v

Nilo Dala, Mario Inuvigabu, Peter Uduseni
DEFETDANTS

Held at KOBILOKO VILLAGE ON 14 - 16/4/81

CLAIMS: That the above named Defendants did use Mathew Belamatanga's land at UNGANA LAND without his permission.

PLEA: Not Liable

PLAINTIFFS Side:

Mathew Belamataga. Sworn States, My self and Emanuel Qoi brought this five 5 Kidipale man because they steal the Lakuili Land known as Ungana Land. Their names were FRANCISE TSINOGO Longa, of Kokona Village, MARIO INUKOSU, NILO DAIA and PETER UDUSENI of Tasiloki Village and Ruben Barukuku of Kakalaka Village. First of all Ruben Barukuku stopped my uncle Tuaveku to cut down trees where he was about to make garden. Secondly Nilo stopped Mrs. Una to work at Qarile, saying that this part did not belong to lakuili line, but Kidipale. Severn and Emanuel Qoi gave Kouna permission to work at Qarile for they knew this land belongs to Lakuili line as me. Thirdly Francise said on November 4th 1980 that Lakuili must not say anything about starting at Ragovana to Ngalinini for he owns these two pieces of land, they belongs to Kidipale line. They planted coconuts in the land with out our permission. This are our main points of why we call for this court to look at. This are our belief or owning this land, first of all in 1946 BILITORO our great brother told us the really spearline of the Lakuili line. He said to myself and
Emanuel Qoi starting from Vatu Gere Tiolao and came down to a stream called "BINA" to Kobiloko River and came down to the mouth of Kobiloko River at the right side of the river. On the left side, started at the Vatu Here tidao came to "Ngalinini" then to Regovana, Qarile and follow the Ungana Hill and came down at the mouth of Lambi River (LEGAVOA) then came to
LEGALOKI, and follow a small hill to ("KOTAE POINT"). From "KOTAE POINT" it came back again to Kobiloko side and reach the mouth of Konabulu creek where LAONGALI lands spearline is also reached down in the seaside. From Sabaga Lalava came down Legavoa and follow the sea shore to MATEGOLO was paid by Akidipale group from our ancestors before, today PANTELEONE QOI and his lines still owns it. Kidipale came to Ungana for marry only not to own land. In 1950 my mother told a story about this land that it really belongs to Lakuili lines. She heard this from Bilitoro Bilitoro heard it from his father Jimmy Chekana. Chekana heard this from Isagu our ancestor.

One day I heard this story was when dispute was made with Stanley by the Kidipale line, there. "VOKU" told me, only Severo my uncle, owns this part of land called Ngalinini, Ragovana to the mouth of Kobiloko River and to Komabulu. One day Francise Longatisikai big Chief of Kokona told me that starting from Vatu HERETIDAO to the sea belongs to Lakuili line as myself. All that was in the ground belongs to Lakuili lines, any other lines ask permission from Lakuili before using the ground, they first see Bilitoro before taking any thing away from the land or work inside. In 1970 a dispute between us heard by Headman VLLERINANO DEKE he found that I am head of the land not the Kidipale line. Those who first cut the bush in the ungana land were LAQE, LUVUSI, DEDE, TILA TOLUTE and SUAVINANO. This named ancestors of ours gave permission to Kidipale line before Using all they wanted in this land. When a tribal war started before some of my ancestors ran away to HAIMELU, they were SAITSAMU, REIMARARA, KOMOSA, KOVOU, KOSAVI, some stayed back at Ungana Land. Tsagu, Lane, Kosaqu and Komui their mother stayed back. Komosa was married to Kidipale man called SINGI, uncle of a Giant who lived in Raqo vino taken by the Kidipale line from PASAGU, they receive permission from Lakuili line before they put his TAMBU place of TAQOVANA. QILU BINA was cut by Katili and SIPIRINO. I did not have any money for this land because Severo my uncle hids them all and he could not let me see them until his dead. That is all I can say.

2ND PLAINTIFF

EMANUELE QOI, Sworn States: Spearline I know is from VATUHERETIDAO went down stream BINA, then follow the hill to Ngalinini, Qarile, then to Ungaria hill to the sea shore at Mateqolo. One part behind this spearline has been sold to Kidipale Kolau already by our ancestor. I could not talk about it any more. Bilitoro my great brother uses all that was in the Ungana land freely without permission from any other lines. Once upon a line Severo who just died came to Bilitoro in order to show him the spearline of the ground. Starting from Vatu here tidao he explained to him where and what is in the ground. Then they came back and came to TATSTSABO Village before, then came to VATULO. There Bili stands and say, this is the custom back of our ancestors since long time before. All that black people own were hidden inside it, Bilitoro said we can't go inside for your son came with us. My father W. VAE also told me that Ungana land belongs to Lakuili. Some Graves were also in the ground. Only Kidipale Polau lived with us at Ungana land. They paid this part of land we gave them 2 pigs with food and 2 customs money called TALINA. That is all I can say.

P. WITNESS 1

MEDEO, Sworn, States: Starting at Vatu HERETIDAO came to Qilubina and came to RAGOVINA went up at VATUBABAU and follow Ungana hill to the Nut of man the Ngalipaila. Starting of Ungana and cane down VERAKAMAU then to TATOGOMA, then to TATSATSABO then to TAGAMOSA then came to VATUBULAKE at the left side at the right side, its starts at Ungana went down SABAGALALAVA to the mouth of LAMBI River. This spearline, SEVERO told me during his life with me. All that for the land stays alive. Kidipale also lived in this land but they are under Lakuili's power. That is all I can tell the court.

P. WITNESS II

JOHN TUAVEKU, Sworn States: I had not much to say. All I know is taken from my other & Severe, they told me that the UNGANA land belongs to Lakuili lines, spearline starts from Vatu Heretidao came down to Ngalinini then to Ragovana and Qarile and follow the hill down to LEQAVOA mouth of LAMBI River. Nut tree called Mans nut stayed at Ungana where Tambu Place of VULAMAWA ASO was put before. Other Tambu places came there under Lakuili's power. At Ngalipaila was placed the bed of scull. Graves of PARI and VUSIA was there near the place of bed of scull. From LEGAVOA to Mategolo was given to Kidipale Polau by Lakuili lines before. VATUHERETIDAO is a spearline for the bush people and the sea people. That is all I can tell the court.

P. WITNESS III

VALERIANO DEKE, Sworn States: I was working as a headman when this case has been brought before me by the same Plaintiff and Defendants. I found that the land Ungana indeed belongs to Lakuili lines, which Mathew Belanatanga as Head of them and Emanuel Qoi and Qoru under him, they must work together. That is all I can tell the Court.

P. WITNESS NO: 4

SAKARIAMOGA Sworn, States: I remember in 1937 I was not yet 10 yrs of age. My father Severo and myself came to Fasiloki Village where Bilitoro lived, so that Bilitoro could show him where Ungana Land is situated. We went up behind the village and came to VATUBULAKE to the main road to a nut tree of the shark then came to MAOBORA stream, then to place of war before. We did this walking from place to place to show my father what is in the land. We follow the Ungana hill to a nut tree of man, there we rested for along time and I heard then talked alot about this place. I could not remember most of what they are talking about for I was only 9 yrs old at that time. Then they talked about the Tambu place and the Bed of Scull. We went down to Qarile and to Ngalinini and then to VATUHERETIDAO, there we return. Bilitoro told my father not to go over VATUHERETIDAO the spearline far be on this store belongs to the Bush people. They told me that a giant lived at Ragovana.

We came down its TATSTSABO and showed him the village there then we came to Vatu Lo where the Lakuili of the past and at present put their money in as Custom Bank. Bili said to my father I could not let you go in because you have come with your son. From there we went home. My father and Mathew Bela gave me also a small part of their land to live on without any complain from any other line. That is all I can tell the court.

P. WITNESS NO: 5

LEONIA TUPOLIA, Sworn States: I remembered my mother told me. She was KOSARA, that the spearline of the Lakuili land is at VATUHERETIDAO came to NGALIPOGOPAVALIA then to Ngalinini then to Qarile to Ragovana then to Ungana Hill to nut of man, where Tambu Place is put by Ravu and Vasia. Then to Ngalipaila, there the bed of scull was placed by Lakuili line. That is all I can tell the court.

XXD EFENDANT:

1. Q. Name the first Lakuili Ancestors who first cut the Ungana Lush?
A. Suqili Viae, Riau Loa, Sili, Qoi an Sejelu.

2. Q. Where were the Lakuili lines when Kidipale defended Ugana in a war with Russel people?
A. They were there at that time with Kidipale, they were fighting also.

3. Q. Who helped TABAKEO and KOBOBORA of Kidipale line in the war?
A. LELE and PARI were already at Ungana before they arrived.

4. Q. KOBORA died at Ungana in the war why did Lakuili did not pay her dead to defend Ungana?
A. She did not die for Ungana Land she was ashamed.

5. Q. If Lakuili first cut bushes at Ungana. Why did they put in the sencise that TABAKEO the Kidipale first cut the bush?
A. I don't know about this. This is new to me. Sencise say that Ungana belongs to Lakuili line like me.

6. Q. If Lakuili line owns Ngalinini, why did three Kidipale, ancestors of ours gave land to Kakau Line?
A. I do not believe this, Kakau line has nothing in Ungana.

7. Q. Lakuili said she owns Ragovana, why did Francise gave you permission before work there? A. No one gave me permission to work at Ragovana.

END OF PLAINTIFF SIDE.

DEFENDANT SIDE

NILO DALA, Sworn States: I remembered one day Bilitoro & Ustino of Lakuili lines called us to follow them myself, Daniele, Kerepino, Domaseno and Valetino followed them we came to mouth of Verakoqa stream and they said to us starting from here and went up to Lumamataqa and went to the bush side to Vatuheretidao belongs to the Kidipale and from Lumamataqa to Kotae point in the sea side belongs to Kidipale line. From Tavudi to Mateqolo belongs to Lakuili and Mateqolo to Legavoa belongs also to Lakuili but was already paid by Kidipale Kalau. This land given to Kidipale Kolau was paid from Ancestors of Mathew Belamataga and Emanuel Qoi. These person gave this land VIAE, SOQILI, QOI and Seselu ancestors of Plff side. Ragovana belongs to Kidipale bushes there were first cut by Bobote, Kilobiti and Tsinogomui and they put a TAMBU Place there called "PEONA KURIBARINA". We came here from TseTseLe, Our ancestors started at TseTsele came through Takoko behind Tangarare then to Kidipale, went up to Pasagu there they took a stone and came to VIRIOKE then came to Vuvunga and then came to Ngalinini, some of the Kidipale there told them to go to Ragovana and they cut the bushes there and lived there. Kopita, Tsuki and Sasao first cut the bush there. One Tambu place at VATUHERETIDAO too belongs to Kidipale, called "KOKOMUNAQOTA" TABAKEO was turned in to spirit and put his tabu place at the nut of man, Kavo also died and become spirit then when LELE and TAVUATA died they also became spirit and they worshiped them at the bottom of the nut of man of "TSELANAMANE". When KAVO died SIMILIANO and SAKARIA came and too his head with a station called MADU and buried them at a small island of TUVU and a SHARK apeared and called it Birth of KAVO. Two short too were in the sea at Tasiloki called Upaga and Lalau Kidipale also worshiped them. Tasbiloki was also first cleared by Hahavo a Kidipale Balegopoga was first cut by Tupu and made a shell money there called "MATEPUKA KOGANA" for that village. Kidipale also own the bed of scull at Ungana. Tabakeo started to put sculls there then KAVO, TAVUATA, LELE and HAHAVO and LENGO, when LENGO died TAVEKO looks after Ungana and when he died Williame and MOISE looks after Ungana, when they died I NILO DALA was head. When they were ready to come and live at Tasiloki near the sea they out Lete's head and put it or the bed of scull before moving away to the sea shore at Tasiloki. When Ria of Lakuili died Kidipale line killed 5 pigs for his Burial. Secondly when BILITORO died Kidipale also killed 30 pigs for his Burial. That is all I could let the court hear.

DEFENDANT SIDE NO. 2:

PETE UDUSENI, Sworn States: I remembered my mother and my uncle Mrs Paula and Moise told me that the Ungana Land belongs to the Kidipale line, TABAKEO first out the bushes there. Balego Poga was first cut by TUPA. Tsuki, Kopeta and Sasao first cut Ngalini bush. BOBOTE, Kiloboti and Tsinogomui first cut the bush of RAGOVANA and put Tambu place at VATUHERETIDAO "KOKOMUNAQOTA". The true spearline they told me is starting from "VERAKOQA" to Lumamataga to Unganalonga belongs to Kidipale line, starting from the side of VERAKOQA To Kotae Point belongs to Lakuili line. Start at Kotae Point to TAVUDI belongs again to Kidipale, starting at TAVUDI to LEGAVOA belongs to Lakuili. VATUHARUSU was place of our ancestor called HAHAVO. That is all I can tell the Court.

DEFENDANT NO. 3

RUBEN BARUKUKU, Sworn States: I remembered my mother told me the living at KAKALAKA is just of married. Our land if you wanted to know, go to SAVULEI and back ward and ask the elders. Then I came to Francise of Kokona and asked him of our coming to SAVULEI Land. MRS. VENONIKA his wife told this. What your mother told you were true. FRANCISE is your uncle, you both came in the same road at Kidipale behind Tangarane. Where your uncle own you also owns it. FRANCISE came by following the bush road, I came by following the seashore. FRANCISE came straight to Ngengeni from there he came to MAUQA then he came down to Ngalinini, no one was there at that time, Those came with Francise's ancestors TSUKU, KOPETA and SASAO first cut bush there and made village and own Ngalinini and Qilubina and put the Tabu place at VATUHERETIDAO, "KOKOMUNAQOTA". Starting at Takoko, Bobote, Kiloboti and Tsinogomui came to Pukungai, then to Pasagu then to Virioke, they took with them from Pasagu a spirit called KURIBARINA, they put half of it at Lavelo a giant and he MOKUNA there. Head of KAKAU LINE, and they came to Vuvunga from there to Ngalinini there they saw Tsuki, Kopeta and Sasao and stayed with them there, then Bobote, Kiloboti and Tsingonomui came down and cut bushes at Ragovana and put Tambu place of KURIBARINA there. Thats they story I was told by MRS VERONICA wife of Francise. This made me believe that Ungana belongs to Kidipale. Tambu place at Vatuheretidao came with those who came by the bush. That is all I can tell the Court.

DEFENDANT NO. 4

MARIO INUKOSU, Sworn States: I remembered two of my mother and my uncle KABABAU, KOPAULA and MOISE told me that from VERAKOQA to the hill top at LUMAMATAQA AND follow the hill top to Ngalinini to VATUHERETIDAO belongs to Kidipale. A Tambu place at the VATUHERETIDAO, called "BOKOMUNAQOTA". Francise longatsikai has some of custom money for it. Ngalinini, was first cut by Tsuki, Kopeta and Sasao. From VATUHERETIDAO to QILUBINA to RAGOVANA three of our ancestors lived, and they put there TAMBU PLACE of KURIBARINA. From QILUBINA down to KOBILOKO river to VEVERAKOQA belongs to Kidipale, from VETUKNAL and LUMAMATAQA at the hill top and came down to the sea at KOTAE POINT belongs to Lakuili. That was the spearline of our ancestors. From KOTAE POINT to TAVUDI again belongs to Kidipale. A Tambu place near the sea of two sharks called UPAGA and LALAU, HAKAVO worshiped them. From TAVUDI to Mateqolo belongs to Lakuili like the Plaintiffs. From MATEQOLO to LEQAVOA LAKUILI like the Plaintiff's gave to Kidipale KOLAU. That is all I can tell the Court.

WITNESS NO. 1

DOMASENO, Sworn States: I remembered Kipaula and KOBABAU my mother and Noise and Voku my uncles. Bili and Noise were taking about the Ungana. Moise told Bilitoro to show as our land. One day Bilitoro called us, myself, MARIO INUKOSU NILO DALA, USTINO and VALETINO. We followed him to Verakoqa, there he said this is the spearline of Kidipale land and Lakuili land.

From here to the hilltop at LUMAMATAQA to Ngalinini and to VATUHERETIDAO, went down QILUBINA down to KOBILOKO river and follow KOBILOKO river to Verakoqa belongs to Kidipale. From VERAKOQA at the bottom of the hill and Lumamataqa at the hill top and went down to the seashore to KOTAE POINT belongs to LAKUILI Line. From KOTAE POINT to TAVUDI went up to VATUGARUSU To the main road belongs to Kidipale. From TAVUDI to MATEQOLO belongs to Laqavoa went up to nut of the shark and up to Ungana hill and came following the hillside facing Lambi Bay to place of Training war and went down again to MATEQOLO belongs to Kidipale Polau, It was paid from Lakuili line like the Plaintiffs. KIDIPALE KOLAU asked for land from the Kidipale who lived there before, but they had no spare land to give, so they asked Lakuili line and they gave them this part stated above. TABAKEO started from Tsetsele with his wife and his sister KOBORA, they came through PUKUNAGAI, they were Kakau line when started at Tsetsele and became Kidipale line at VUVUNGA. From Vuvunga they came to Rago-vana and first cut bushes there BOBOTE, KILOBOTI and TSINOGOMUI put Tambu place of KURIBARINA which was taken from PASAGU. No one was at Ngalini at that time so Tsuki, KOPETA and SASAO but the first bush there and build home there and put tambu place "KOKOMUNAQOTA" there near VATUHERETIDAO. TABAKEO came and cut bushes at UNGANA and put bed of scull there heads were heads of people they killed any were and brought them to be put together on the bed of scull. TUPU also staid at Ungana and after a time came down at Balegopoga and first cut the bushes there and build home there. TABAKEO was changed to living spirit and also LELE and TAVUATA died and became spirit and put their TAMBU Place at the botom of a nut tree called "Tsilanamane". HAHAVO, LEGO and TAVEKO still alive, HAHAVO came down and cut bush at VATUGURUSU and build his home there, then came down to TASILOKI. When HAHAVO died Tareko and Lengo were Head. When TAVEKO died Similiano and SAKARIA and to KAVOS' Head and buried it on an island at TUVU point and belome shark. When Ria died Kidipale buried him with 5 pigs. Ria is a Lakuili line, secondly when BILITORO died Kidipale burried him with 30 pigs on burial feast. Thirdly Francise allowed Belamataga before working at Ragovana. Myself gave to my sons from KONAKEKE River to Balegopogo, TASILOKI myself and MARIO gave 3 parts to our sons for planting coconuts. That is all I can tell the Court.

DEFENDANT WITNESS II

STANLEY SAGOREGANA: Sworn States: As far as I know from Voku and Pelise, from VERAKOQA up to the hill and follow the hill to VATUHERETIDAO belongs to Kidipale. From Verakoqa at the bottom of the hill to the top of the hill to LUMAMATAQA and went down to the sea belongs to Lakuili That is all I can say.

DEFENDANT WITNESS III

LOISIO VOVOTI, Sworn States: My ancestors lived at Vaqulu. We Tsetsele the bottom village and came to SADATO and sleep there then we came to Makile, there we were invited by Lakuili and HAUBATA to stop and make garden when our gardens were ready we took some food for the way and came to SUVA where the big Lakuili village was, from SUVA we went to Takovunga and made garden there. When garden was ready we took some and went to VIRIOKE and made garden MOKUNA the Chief Kakau line there then went with us SAVULEI Home of DOMASENO, then from Savulei to VATUHERETIDAO, then Mokuna, leading us to Ngalinini and slept there, the village was so crowded filled by the MAVITU Group, Tsuki, Kopeta and SASAO were Lead of that village. In the morning Mokuna told us to pay money for share in the land. A Red none called TALINA was given by KEJU and they search a place for us to live. Then they took us to VAQULU. No material for house so we went down at Lambi to take Tsimiu leaves there and build our houses there and still not enough house and the chieves discussed another part to give, and gave us TAMAGOTI, KEJU Led some groups to TAMAGOTI and staid there. When our gardens were ready, they made one big heap of pigs food and money. 1 pig redmoney called "TSAU TSEGE" and a read money called "TALINA," and another TALINA for relationship between Kidipale and Kakau line. That is all I can let the Court hear.

XXD BY PLAINTIFF:

Q. If Kidipale owns Ungana, why did Lakuili gave a part of this land to Kidipale Kolau with out permission from any Kidipale line?
A. No answer

Q. How many TABAKEO in your ancestors?
A. Only one. Not Two

Q. Who was KURIBARINA, in Savulei?
A. R. BARUKUKU and NILO ALA

Q. Did PONOBOTE really brought KURIBARINA the Giant?
A. Yes

Q. Who was the wife of the Giant?
A. Lakuili Line, We don't know her name

Q. Which Lakuili was wife of the giant and what Kidipale was the Giant?
A. No Answer

Q. Who was TABAKEO to-day in SAVULEI?
A. 1 NILO DALA

Q. Name TABAKEO's decendants until today?
A. Her sister died and no other decendants of TABAKEO.

Q. Who made this Shell money and for what purpose?
A. TUPU made it for the villages Balegopoga.

XXD BY COURT TO PLAINTIFF

Q. Who made this Bed of Scull only Lakuili or also Kidipale?
A. Lakuili made it and other tribes put scull on it also.

Q. What did VATUHERETIDAO means?
A. Because they put Tanbu place on it.

XXD BY COURT TO DEFENDANT SIDE

Q. Who made this Bed of Scull only Kidipale or also Lakuili?
A. Kidipale made it and other tribes help in too.

Q. What did VATUHERETIDAO means?
A. We don't know

Q. Why did Lakuili gave Kidipale Kolau part of Ungana without your permission.
A. No answer

Q. What part of place at Tsetsele top or botom did you come from?
A. No Answer

END OF DEFENDANT SIDE.

JUDGEMENT:

Court having heard story of both side and found that both side have given strong evidences and found that both have rights to work in the land. Court could not give the ground fully to any of them and decided to cut it in the middle. For if court put them together, then dispute may rise one day. For court also sees that both side hates to live and work together in the land.

DECISION:

Court says that from KOBILOKO River and went up to RAGOVANA to QARILE at the Hill top, went up to Ngalinini to VATUGERETIDAO went down to KOBILOKO RIVER straight from VATUHERETIDAO to were it went up at Ragovana belongs to Kidipale and from the KOBILOKO RIVER to RAGOVANA AND went up QARILE and follow the Ungana Hill to KOTAE POINT and came to KOBILOKO RIVER and KOMABULU belongs to LAKUILI Line at the sea shore.