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Sosopa v Voginia - re Tirone Land [1982] SBLC 4; Civil Case No 2 of 82 (30 May 1982)

SOLOMON ISLANDS

IN THE TAGARARE LOCAL COURT

NO. 2/82

BETWEEN:

CHRISTIAN SOSPA
Plaintiff

v

HAMUEL VOGINIA – Present
Defendant

Held at BABANAKIRA SUBSTANCE on the 30th of May 1982

Statement of Claim: The Plaintiff Christian Sosopa claim that the Defendant Hamuel Voginia did use part of his land called Tirono in the BITI Land without his permission.

PLEA: NOT LIABLE.

PLAINTIFF SIDE:

CHRISTIAN SOSOPA, Sworn States: I brought VOGINIA to Court about TIRONE Land, I know that this part is mine. My ancestors put the land to me and also my fathers of the LAKUILI Lines told me. Lako CHRISTIVA and TOKOVI, RIA, and Peter MARR, and KAUSALILI those are my ancestors who told me that this land is mine. Those of lakuili lines are Moses Lakena, Clepraba and Tomu my father, those put me as head of this ground. TUQAEO and Mathew VAVAKU put me owner of this land, thats why I brought VOGINIA to Court. They told me that Voginic did not owned TIRONE, TIRONE is part of the BITI LAND. All that was in TIRONE belongs to KAKAULINE of BITI. A part there the BITI people gave Lakuili before making their garden, Voginia just did this planting of coconuts without my permission that’s why I planned to bring him to Court. Our ancestors did not mentioned to us that the Defendant has a piece of land there. TIRONE has TABU place of TSUTSUBEKU, and in the sea a shark called KAVESAQU, And also has it RED money.

XXD DEFENDANT:

Q. Where is your spearline?

A. Started at the mouth of Koloi TURU River, went up to Talisan and went straight to Mao, TIRONE was in the spearline

Q. Are you a BITI tribe?

A. Yes, TUQABUA put me as KAKAU of BITI.

Q. Was TIRONE a village or what?

A. Not a village, its a place for gardening.

Q. How many fruit trees did you usually collect and eat there.

A. Two Ngalinuts.

Q. Did our custom allowed anybody else to do work on a different land?

A. Yes, when you follow the right chanel.

Q. What did you give to Lakuili Line before owning this TIRONE
land?

A. No, Its my land.

Q. In 1969 I put up a Notice at TIRONE. Why didn't you pull it down?

A. I don't know where you put the Notice, in Public or your box.

Q. I worked at TIRONE in 1947 why didn't you chase me out?

A. I did not see you.

Q. Why didn't you see me? the coconuts planted there has fruits already.

A. I saw they got fruits, but you did it by stealing my land.

1st PLAINTIFF WITNESS

J. CHAPULL, Sworn, states:

What Sosopa said was true, and the spearline is shown. I and the Defendant Voginia were from CHAUNA ROGA. I came at BITI first. I was called by the KAKAULINES of BITI, then I am under the BITI KAKAU while livin at BITI. I have a piece of land at BITI too, but, I paid it from the KAKAU LINES, and planted coconuts. I usually went gardening with Kakau and Lakuili lines at these places talking about, that part talking about belongs truely to Kakau of Biti. The following oldman, MESO, SASIA, MAGE, ROBERT DANT, LAKO, TOKOVI, KEINA, SOREO, MISANINI - my father, RUGUVOTU, VELENIQELA, RIAN UKAOO, SAMUEL whom I staid with and followed them to work in the TIRONE land, they did not stop us the Lakuili line to work any where of the land. We work together as we of Lakuili lines under the KAKAU line of Biti. We live together, work together and do what even to want together. The land talking about, truelly belongs to KAKAU line.

XXD DEFENDANT.

Q. Where was your grandmother born?

A. She came from the west of Guadalcanal.

Q. Where did my grandmother came from?

A. I am not talking about your grandmother, only about land.

2nd PLAINTIFF WITNESS

BENJAMIN TATAO, Sworn States:

I will tell the court only what I see and hear, and never tell untrue stories. The named plaintiff and the defendant and myself are under the Biti owners. The elders of TIRONE were, TUQA, DMKC and KEINA are brothers, MATAIMANU, TOKOVI + MESO. I saw this oldmen and also staid with them. I staid in a village under TIRONE and we work near the TIRONE hill at the bottom. When they died Kausalila did custom feast for their hourner. When Kausalili died CHRISTIAN SOSOPA., made feast on his Houner, with 11 pigs, so from now and on Christian Sosopa was head and owner of the Biti land and Tirone, which is under the Biti land also, that is all I can say. I am older then anyone in this court today.

XXD DEFENDANT.

Q. Where did you live Biti, or where?

A. Biti.

Q. Was VERAGALEA, your ancestors village or my ancestors village?

A. It was my ancestors village.

Q. What was your ancestor's name that made his village Veragalea?

A. TAVULI

3RD PLAINTIFF WITNESS.

N. TUQABUA, Sworn States:

I remembered, when I was with my father Clep and mother DAKISERIKESA at Biti, they told me that Biti belongs to the Kakau of Biti and TIRONE is part of the Biti land. He said that he did work at TIRONE too, but he is not the owner of that land. Thats all I hear from my father.

XXD DEFENDANT.

Q. Was there a village at TIRONE in the past?

A. No, it's a place for gardening.

Q. Did you know how many of the BITI's Ngalinut trees there?

A. No.

4TH PLAINTIFF WITNESS.

ELISON, Sworn states:

I had not much to say, all I knew is that TIRONE belongs to the Biti. My mother was born at Biti, my mother's father followd his father and showed him the spearlines and place for gardening. My mother's father was of BITI KAKAKAU. My mother was brought up at Biti, then she went up at Matana Aso, there she married my father, she lived with BILI her uncle there, he told her now you are no legacy from the sea, your part of land is up here. That is all I can tell the court.

XXD DEFENDANT.

Q. Who was wife of Jimmy KENA?

A. My grandmother.

Q. Did you see him?

A. No.

Q. When your mother went up to MATANAASO, was MAKI still alived?

A. Yes.

5TH PLAINTIFF WITNESS

J. MISILISI, sworn, states:

I am from Biti, the TIRONE belongs to Kakau line. My ancestors who lived at Biti owned Tirone, part of Biti land. Those who lived at Matanaaso, Ngalivovo never work as far down to Tirone area, for Tirone is part of Biti land. I knew from my childhood this part we are talking about belongs to Kakau Line. Myself, my father and mother followed this part by making gardens following it, thats all I can tell the court.

XXD DEFENDANT.

Q. Did you help in cutting the spearline on the 4th November 1981?

A. No.

Q. Are you the one who put the spearline?

A. Yes.

Q. Are you a Biti Kakau?

A. Yes.

Q. Who brought you down at Biti?

A. My ancestors, Tuqa Bua, SERELE and my grandmother.

6th PLAINTIFF WITNESS.

SAMSON RASILE, Sworns States:

I haven't much to say about TIRONE, where the named defendant live today, was my father home. We made garden as far as TIRONE in those days. The defendant's brother TUQMAKI, When a time to plant yams we of the upper village made gardens as far as TIRONE and those who lived by the sea made gardens up to us at TIRONE area, and they showed us the spearlines for the upper village and those by the sea. In mid 193 -1940 the defendant was still a small boy. They came to live with my father, they staid with him and they argued with him one day, and he chase them away and the defendant, and his family went back to Duidui Bush. After the war my father died on 12 July 1943. The village we were living in was bushes again. After my father's dead the defendant and his family came back and staid there until today. As far as I can remember the defendant and his family did not help to burry their relative, my father, that is why the defendant would not have known story of this part, for he did not stay with my father until his dead, We his sons only lived with him until dead and buried him. That is all I can say.

XXD DEFENDANT.

Q. Did your father own any Ngalinut trees or other fruits there?

A. No.

7TH PLAINTIFF WITNESS

L. LAKENA Sworn States:

I am one of the Biti Kakau Line. When I grow up, I saw my ancestors led the way up to Tirone to make gardens. I saw all the areas they used to do their gardening, and told me that Tirone belongs to Kakau line, its part of Biti land. Today I was surprised of discovering the defendant planted his coconut plantation there without permission from the Kakau of Biti. I helped to work there since the ancestor of Biti told me that this part talking about belongs to Kakau of Biti and until the defendant planted his coconuts there.

XXD DEFENDANT.

Q. Did LAKUILI not eat any fruit trees of TIRONE?

A. They eat, but not Lakauili as you, they were called Lakuili Matanaaso.

Q. Didn't I live at MATANAASO?

A. No.

Q. Didn't any of you came and help me when working at TIRONE?

A. Some helped, except me.

CASE OF THE PLAINTIFF SIDE ENDS.

DEFENDANT SIDE

Aumuel Voginia, Sworn States:

First of all I will start a bit further, because a word said that I am not a MATANAASO, and Ngalivovo, they also told me that I must go out of my village in three days time. If not I will see something bad, they also showed for spearlines of the land. One went across ngalimataga, one was shown by Ruth VATILE, one was shown by MISILISI and the present one starts at the mouth of KOLOITURU RIVER Went up and cut across beyond the place I planted coconuts at TIRONE. The one showed by Ruth Vatile has been councelled by herself. She said that she lied, she said that ERIEL KOIKIBO only gave her a part make garden. My tribe is known as the POI. We started at GOROTAVULI and came to TURI and called us the POIBORA. Then we started at BEBELAKKE, and came to MATANAASO, then to VATUBAILA, and came down to KAUKIKI MALOGU, came down to BELAVA, and OLOSUNUGU then TIRONE, The spearline on the other side started at BUTT ALOGEIA TAMANU, Ngalivovo and VUNIVATUPOI there we came down to POI, that is why they called us POI. TAMBU place of VORO there, TAMALIU was a Tambu place, VATUFIEL, was a tabu place at Ngalivovo was also a tabu place. Two place of the scull there too. At Poi a tambu place or of the shark. From Kakaukiki malogu and the other parts belong to Kaka not Biti. My tribe, our first great, great grandmother was KIPOLIMOMORU, then KIKERIMATE sister of GESE, RAGA, KENE, LABUKAE MALAU, and NGERU. KIKERIMATE gave birth to KITSIRIA and KITSONIA sisters of KELIA, owner of MATANAASO. KITSONIA, gave birth to KIPOLIMOMORU and KIPOLIMOMORU was my mother. That the story of my family, some of our relations at Poi Bala, were Tugavoro, Raqamate. VALEDOKA , GANIATSI, and Tuclakalavo, KEWE, GESIMATE, KELIA, TUQATIVU, KOLUBALONA and MARISINA. Those five steps of my ancestor to Kelia my brother.

First was Tuqadako and then TUQAQEDE, his wife was KITOTOBO his sons were KURE and KODOVMA. Two old places of village there at MAO, PEONAVORO belongs to TUQAVORO. MATANAASO belongs to Kelia. BOLALO belongs to Gesimate. Ngalivovo and Konagela belongs to Kusi, VAGEA, SIVOSALA, VERAGALEA was village of Kene, Kelia made feast not Sosopas ancestors, the first feast was to burry Tuqa adikavi, he died and was not buried, he was put uncovered in the hole until he rots up and then his bones and skull were taken out on the day of feast. Kelia did three big feasts then he went up at Matanaaso until his dead. Those whom our ancestors usually married were the Kakau Votuvulo, ULUNABETI, VATUTSAEROGA VARAVARA and KOLOGAUGU KAKAU Line. When we came to POI we usually married the Ngaliveve and MATALOKI. My father was a MATALOKI, at that time the Biti people and us who live up the hill were enemy, we killed each other, many of us died and many of those from Biti died too. When we meet each other. The Biti chief gave us a part at Biti, as full payment of saving them in a big tribe war which reached VATUANEA. The part given to us is called VATURIGRIGA. After that we took one of Misilisi Ancestor, Tuqalatina, he looked after Ngalirigariga, after him Tugasiko, then Vou and Tuqauru, then Clep Raba. Women who married at Biti were KIVELESI, KITOTI, KIMATANIGADO, KIMOLU KOISOGA and KIABEILA. At that time they work up as far as TIRONE. Only MAKI staid at Ngalivovo, all of us went and live at MATANAASO. MATAIMANU married KIVELESI and led us to make gardens there. KRISTIVA and Clep RABA led us those are the end of Biti. After 1933 I was able to remember things, and went with my two brothers to climb cutnuts, grape fruits and Ngalinuts at TIRONE. 22 of our ngalinuts there, 2 old coconuts there, planted by MARISINA, and KEGA. When one of the Biti oldman came and climb the coconut he was charge and pay 1 pig and 2 pounds, a small hill called KARUBA Ngangali belongs to Tuga EO. I planted coconuts there because all fruit trees there were usually eaten by my tribe and no one from Biti stopped us. ERIEL KOEKIBO looked after that part. I did not see BEN TATAO. He only went there to and fro. In 1940 we started to work there, and planned together to plant coconuts there. In 1969 we started to clean up the area and put up a notice for three months. I did this with Agriculture, I killed a pig to clear up the area and some of the Biti people came to me and help me to clear the bushes there at TIRONE. In 1971 the Agriculture subsidy was approved and at last, I was surprised the Plaintiff brought me to court concerning the TIRONE were I planted my coconuts. That is all I can tell the Court.

XXD PLAINTIFF.

Q. Where did TUQASEMU live?

A. Biti.

Q. How many time did you come to court?

A. Two times.

Q. Where did your relatives lived?

A. Matanaaso and Biti.

Q. How many years did you live there before the Biti came?

A. I don't know.

Q. Did we live in the sea or on the land?

A. You got plenty of land.

1ST DEFENDANT WITNESS

ERIAI KOEKIBO, Sworn States: I will start when we settle down in peace. At first we were enemy of Biti. We were friend because my ancestors defence the Biti from our tribes war. What happens today I don't know. Tugalatina was first to stay at Biti. His wife was KIKAVEVARA, KAKAUVATUVULO, her daughter KILEPOSUIA, MISILISI's mother, MATAMANU and Tuqa Bunguni were my ancestors who stayed at POITUGUSA. They came to Biti, then one day, AVEURU chief called Tuqa sent news to Biti that he wants the head of Bua and Siko. Siko was Lakuili line and Bua kakau. Then Latina sent up news to us of the upper villages and said we are about to be killed and Kene then pay a red money to METI and KAVUKU and said. If the VEURU Chief arrived there, do not kill him and his wife. Kill only their warriors or their guide. There were seven of them. They did what they were paid for. They send news to Kene and they prepare custom payment for the two, METI and KAVUKU. The payment was called, RASI, the bigest payment usually done in custom history. My ancestors did this, 100 pigs and 50 shell money called Talina was paid to them and 3 POGOBUTU shell money. So they came and collect their payment. They payback the red money given to them earlier to kill the seven warriors of Tuqa the Veuru chief. The red money they pay back was with me today. No any Biti Kakau can change this RASI and gave us Ngalirigariga part of their land. For we defended them in the war. Started at that time we live together with the Biti peoples. After those hardship, Lalina, Siko, Vuluna, Kakepui, Vau, Tadauru,
Launi, Rabama AREKEKE, QAEA, TSIPI, TSETSELE and Kenge and KIVELESI of Lakuili Lines. KITOTI, KIMOLU, KOISOGO, KAVEABETILA, TSONIAKEVEGU, KIPULORA of Kakau married the Lakuili lines and work up as far as TIRONE. My believe is that TIRONE belongs to Lakuili, the fruit trees there were eaten only by us.

XXD PLAINTIFF.

Q. Are we talking about war or what?

A. I was letting you know of our movement.

Q. Was Clep Raba your ancestor?

A. Yes.

Q. Didn't any of Biti people chief at that time?

A. There was a chief but only for Biti.

2nd DEFENDANT WITNESS.

KEMUEL KIVA, Sworn States: At first I stayed with Kelia and Marisina and Bilimanengela. From Kakaukiki Malogu and went as far as TIRORUA belongs to Kakau lines. When we went there to collect Ngalinuts, they chase us from Belakake to Kakaukikimalogu belongs to Lakuili. For when we went to TIRONE area to collect ngalinuts and other fruits there, no one came and chased us. I remembered truely that TIRONE belongs to us of Lakuili line.

XXD PLAINTIFF.

Q. When did your ancestors work there?

A. I don't know.

Q. Didn't you find any of my ngalinuts or any fruited tree in your land?

A. I don't know.

Q. Has this disputed been started while our ancestor lived?

A. No.

Q. How far is from Biti to TIRONE?

A. I don't know.

3rd DEFENDANT WITNESS

JAVAN KONAI, Sworn States: From 1934-1935 I stayed at MATANAASO. I staid with Kelia and Marisina. When I stayed there I knew where my ancestors live and work. I follow them to TIRONE collecting nuts and other fruits. One day while collecting Ngalinuts we asked them. Whose Ngalinuts are these. They said ours of Lakuili. We said we were afraid that this belongs to other lines thats why we asked them. From Kakau Kikimalogu to Tirone and Ngalivovo belongs to us of Lakuili they said. Then in 1937 I went to my father and mother and we came to ngalivovo, then ERIEL, KOEKIBO also came and stayed at Ngalivovo. All fruit trees at TIRONE area was used only by Lakuili lines in those days. I saw past sing of village there and ask. Whose village was this, and they said TUQAGEDE of Lakuili. That is all I can say.

XXD PLAINTIFF

Q. How many times did KOEKIBO work there?

A. I don't know, but we believe this part is ours.

Q. Where your two ancestors really owner of the nuts?

A. Yes, for they usually used them.

Q. Can a man who do not own any land there work on the land for years and years?

A.Yes.

4TH DEF. WITNESS.

ADRIEL PASIGOLU, Sworn States: I knew that this part belongs to Lakuili for these ancestors of ours told us to eat the ngalinuts of the land without any complains.

XXD PLAINTIFF.

Q. Where were you stay before going to collect nuts?

A. I stayed with KOLIOGASA, and MARISINA.

Q. Did you know how many years since my ancestors work there?

A. I don't know.

Q. Didn't you see me of Biti Kakau working there?

A. I don't know.

5TH DEF. WITNESS.

ELIEL TAGOTADA, Sworn States: I stayed with my father of MATANAASO. His name was Philip VAKANA and two of my relatives Kelia and MARISINA. They said that TIRONE is owned by Tuqadako of Lakuili. When Dako died Tugagede, Tugagede married KITOTOBO of Turi village. She has a daughter Kodovera, she has a son called Silas Chekana of GAUBATALINE MARISINA led the way and collected Ngalinuts at TIRONE and TIROGUA. My father stopped us from collecting nuts and other fruits at TIRORUA for they belongs to Kakau Line of Biti, he allowed us only to collect Ngalinuts at Tironea for thats our property. So that made me believe that Tirone is not part of Biti, it belongs to Lakuili line.

XXD PLAINTIFF.

Q. Why din't your ancestor chase the Biti people who work at Tirone for many years?

A. We of the upper village own Tirone.

Q. With whom of Biti Kakau did you made the map?

A. I did it myself, I knew my own spearline.

Q. Where were you when my ancestors work there?

A. I did not see any of your relatives.

Q. Didn't you see ALEMEKE LOKI and others while working there?

A. I saw them, but they did not cut any bushes there.

JUDGEMENT: COURT After a long discuss finds that she believes the story of the defendant side and did not believe story of Plaintiff.

DECISION: COURT SAYS that TIRONE belongs to LAKUILI LINE the defendant. Court sees that TIRONE is under MATANAASO area his land. Matanaaso to TIRONE is spearline.