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Paunga v Temasi [1982] SBLC 5; Civil Case No 8 of 82 (4 May 1982)

IN THE BELLONA LOCAL COURT

NO. CIV 8/82

Held at Hangemangama on the 4/5/82.

Claim: Paunga of Gongona has claimed that Temasi of Gongona has taken his area of land called TEBOLAGHI LAND

Plea: NOT LIABLE.

Counter Claim: In the same area of land where the Plaintiff makes his claim the Defendant Temasi makes his counter claim that Paunga has also taken has area of lands called, BAA-MAO; TANAHU; NABOBO (partly)

Plea: NOT LIABLE.

NOTE: Both the Plaintiff and Defendant paid court fees.

Plaintiff Sworn states:- Paunga T.

Those areas of land when our family has settled now, was not originately owned by our people at Hangekumi. Those lands were owned by a man called Hongau of Nukuitua, but he had given it to his grand child, Saveha. After Saveha had owned it, he divided his lands in those area among his sons and concerning the area of lands disputed now, he had given it to his next two sons named, Semua and Tengaukatoa. Tengaukatoa was living at Tebolaghi and Semua was living at Tamana. The name Tebolaghi was a name called by Fengaukatoa to his fallow garden in that area as he got that name from Rennell. The name Tamana was a name from Nukuitua. After these two brothers possessing those lands, Sangoihenua possessed Tebolaghi and Saveha settled at Tamana. This was Saveha who had shifted down Tamana near the main road and called it Nangau. After Sangoihenua and Saveha, then Bangakaunga the father of Temasi and Taupongi my father cane to settled and owned those area. Taupongi was at Tebolaghi and Bangakaunga was at Tamana. When my father Taupongi died, Topue had taken cared of me because I was only a small boy and he had also looking after my lands included Tebolaghi. After Xianity came to Bellona it was Topue who first brushed his garden at Hongahenua first below Tebolaghi. Later, Tangei asked Topue and made his garden at Hongahenua area. After some times, Temasi had asked Topue and made his garden banana at Tebolaghi.

Later, Bangakauga asked Topue and made his garden pana at Tebolaghi. These were the ones who had asked Topue to make gardens in those areas when he had looking after it and all these gardens were brushed and reached our boundary to Tamana when I have shown yesterday in our mapping.

After all, Saonoa asked Temasi and made his garden pana at where he had made his garden banana at Tebolaghi. After that, John Hakaugaungea asked Temasi and made his garden pana at where Bangakaunga had made his garden at first.

After that P. Hatigeva had asked Temasi and brushed the upper part of Tebolaghi and made his gardens pana there. After sometimes, Tingiia asked Temasi and made his garden pana at where Samoa had made his garden. In 1979, Temasi made his garden pana at where John Hakanguagea had made his garden.

When those people who got permission from Temasi to make their gardens in those areas, it was not Topue who had owned it, but it was in the days I owned those lands concerning that area of land called Tebolaghi, Temasi didnot at once over taken that land, but as time went by, he gradually moved in and finally he got it all.

The people of our family at Hangekumi know that Temasi has taken this land of mind. It's known through out our District Kungangoto that Temasi has taken Tebolaghi, because Tebolaghi was of Tengaukatoa and this man had settled at Hongahenua. After all, I am the owner of Hongahenua by now Tebolaghi is now settled or owned by Temasi when those who made their gardens at the Kongomea road, they always made their gardens at the western side of the road and those gardens were always in boundary to our area and not extended than that our areas when those gardens usually ended their boundaries to were, Tebolaghi and Hongahenua. I had seen Bangakaunga while working in his gardens there and he had never intended to over this old boundary. I used to see him and helped him in his work. Not until when Temasi took over then he moved in to extend his boundary from where the old boundary was, and Temasi has alone this during the time I came to own my areas there. In 1973 I went with my family to Honiara and when I came home, I found that Temasi had moved from our old boundary and made his new boundary inside my land. The new boundary made by Temasi is in the area of mind when I had once allowed Topue and his mother and made their gardens called ANU TREE then and this tree was not once standing in any boundary between me and Temasi, but it was standing inside my land. The new boundary made by Temasi is where I have shown the court parties yesterday. This new boundary was not made by the father of Temasi but it was made by himself.

In 1974, Temasi was going to Honiara and I was at Bellona. I went to visit my land then and found that some one has brushed my area at Hongahenua land to make a garden there, so I blocked it. I found it later that someone has spoilt the trees I had cut to block that area. I didn't bother about it. One day, I received a letter from Temasi in Honiara. In his letter he said, I thought I got all the right to settle at Nangau, but it seems surprised that you think I am not. He went on to state that he is not wearing of being settled at Nangau but firmed in it. Then he said, I know you went to report me in the fallow garden above Hongahenua. He went on to say that this fallow garden was given by Topue to Bangakauga. He urgued me to report this matter to court to be dealt with. Then he said that he had been so good to me by helping me in some ways.

To sum up the letter, Temasi was thinking that he has taken some of my lands and he knew that I would have reported him some times. I would like to comment at our two homesteads at Nangau and Hongahenua. Hongahenua was a land where it was free from having a toilet area there, but Nagau and Hongahenua used one toilet area, and when this toilet area was no longer used, we made our boundary there that leads up to where our fallow gardens are, and this was a bit of small space bw between our old boundary that had caused our boundary to move into my area.

Temasi has long planted his side with coconuts and just in 1978, I planted mind. There is a space of about 5 yards between our coconuts. Temasi intends to claim the area between our coconuts so I reported it because he has taken my lands, and also Temasi has changed the old boundary of our ancestors.

END.

Correction

There were six people who had made their gardens at Tebolaghi, Two of them had asked Topue and four had asked Temasi, but those gardens were brushed at different times. The statement of the Plaintiff has read back and he confirmed that it's all will written as he signed.

E. PAUNGA

XX'N BY DEFENDANT

Q. Who has divided Tebolaghi land among our family?

A. That was the old boundary from our ancestors.

Q. Whom did Saveha divide Tebolaghi among

A. It was divided by Saveha but long before Saveha, it was owned by Sangoihenua whom I am descendant from.

Q. Whom did Tengaukatoa claim as his son from the sons of Semua after Semua died, Sangohenua and Saveha?

A. It was Sangoihenua who took all the lands of Tengaukatoa.

Q. Didn't you know cos Tebolaghi was divided by Saveha between Taupongi and himself?

A Saveha did that but the truth of it is that, it was of my father Taupongi. Saveha had cared it only for my dad.

Q. Did Taupongi own the west part of Tebolaghi for you and you are also expected that Bangakauga should look after the eastern part or side for you?

A. Bangakauga did not own any area of land at Tebolaghi, he only own the Kongamea road.

Q. Where did Tebolaghi near to, Kongomea road or Hongahenua?

A. It was only near Kongamea road but it's the fallow garden of Hongahenua.

Q. Why didn't Sangoihenua angry at Bangakauga after using the east side of the hill at Tebolaghi?

A. The area you are refering to that was brushed by Gangakauga was the area of Kongaumea road and not of Tebolaghi land.

Q. Why didn't Sangoihenua angry when Bangakauga make his garden at the eastern side of the hill at Tebolaghi if you say it was of Sangoihenua?

A The garden you are refering to did not reach that hill and Tebolaghi. The garden was at the Kongomea road.

Q. Why didn't you disturb P. Hatigeva's garden near that hill at Tebolaghi if you think it's yours?

A. Because it was your boundary made and and not an old boundary.

Q. You had once brushed your garden there and it's end reached that hill, why didn't you go over that hill to the eastern side if you think it was not the true boundary?

A. Those boundaries were made by you and I didn't disturb you 'cos I have planned as I did now that one day I would have reported you.

Q. Didn't you know 'cos Sangoihenua and Bangakauga made their gardens at Tetanahi area and never dispute over the boundary there since then?

A. That garden was at below Tebolaghi and not at where you mention.

Q. Didn't you know 'cos that boundary you say I just make it was shown by Saveha to Bangakauga?

A That's not an old boundary. Topue had allowed Tangei and made his garden there and there wasn't any boundary there.

Q. Didn't you know 'cos' Saveha told your dad that there wasn't any fallow garden above Hongahenua, only one at Baa Mao but I gave it for Bangalonga 'cos it was mind?

A. That's not true 'cos Topue had allowed Tengi and made his garden there but Bangakauga did not disturb it.

Q. Didn't you know 'cos the garden yam of Topue was made at the fallow garden above Nukuma'anu?

A. That's not true, Topue had made his garden at Hongahenua.

Q. Didn't you know 'cos Baa-mao is mind, and two friends of mind Phillip and Tengei had brushed it?

A. Tangei had asked both of us and brushed our lands.

Q. Who was the one who made the toilet at Nagau and Hongahenua to finish?

A Bangakauga.

Q. Why did you angry when I plant my coconut in that old boundary

A. Because you went to move in to my area.

Q. Do you went to take my piece of land in that boundary?

A. Because you went to change that boundary

N.F.Q.

This case adjourned until tomorrow 5/5/82.

EDDIE MUNA
4/5/82

This case continue today, 5/5/82.

XX'N by Court

Q. Who named the name Tebolaghi?

A. Tengaukatoa.

Q. Before that name was named, what was it's first name?

A. I don't 'know when it was owned by Hongau of Nukuitua.

Q. Do you agree that these were names like Gekegeke, Tanahu and Baa-mao in those areas as said by the Defendant?

A. The name Baa-mao is the name of the grave of Mavahe at Tamana, Tetanahu is the name given to that whole lime stone in that area and there wasn't any area called Gekegeke there.

Q. Who changed all your boundaries etc. there, Saveha who cared of all the lands of Taupongi your father or did Temasi change them?

A Temasi has changed it, otherwise I would know it if its from Saveha.

Q. How many names do you know and inside that whole area?

A. The area is only known with one name, Tebolaghi.

Q. Do you believe Temasi has taken the whole of Tebolaghi or did he take only a part of it?

A. He took part of Tebolaghi.

Q. Do you believe Tebolaghi is yours 'cos it's just above Hongahenua your land or do you believe it's yours?

A. It's mind from my grand, grand fathers.

Q. Is the name Tebolaghi the name of a settlement or of a fallow garden?

A It was named by Tengaukatoa to his fallow garden.

Q. Why did that name given them to the hill at Tebolaghi

A. That was how it has been named and called.

Q. Where did Saveha, Sangoihenua etc make their gardens in those areas if you say that it was Topue who first brushed it after Xianity came to Bellona?

A. I mean to say that it was his first time (Topue) to brush it.

Q. Is that whole land called Tebolaghi?

A. Yes.

Q. Did Taupongi your father and Bangakauga the father of Temasi dispute in those lands?

A They only disputed over their settlement at Nangau and Hongehenua but not in those fallow gardens.

Q. Did Topue who was looking after your lands and Bangakauga dispute there?

A. No, only in their settlement, but not in those fallow gardens.

Q. Who made all those angles of lands in that area according to the sketch map of Temasi?

A. Temasi

Q. Did you own the area above the road of Kaihuei?

A. Yes, Provided there were areas of fallow gardens there.

Q. When did Temasi make those new boundaries as you say after or before Bangakauga died?

A After Bangakauga died.

Q. Why didn't you bother at your fallow gardens being taken away but you bother when someone brushed Hongehenua?

A. Hongehenua was still my land.

Q. Where is that angle in your boundary and those sticks?

A. That angle is an old one or mark.

Q. Whom do you went the space of 6 ft between your boundary and Temasi to belong?

A. Mind.

Q. Did Temasi mark his coconuts in that boundary in line with any coconut or not?

A. No.

Q. Did you still keep the letter of Temasi?

A. No.

Q. Why didn't your father own any part in the big bush above Tebolaghi?

A That was how it settled by our ancestors.

Q. Where is the fallow garden at Gekegeke?

A. There is none.

Q. When did or at what side of the hill at Tebolaghi did Agogua make his garden?

A. I only know that Agogua made his garden at Tebolaghi.

Q. Did Saveha own or care both the Kongomea road and Tebolaghi

A. Yes, he lived at Kongomea but cared for Tebolaghi for Taupongi.

Q. Did Saveha know that the boundary there is where you have shown to the court parties yesterday?

A Yes.

Q. Which was first, when Topue gave you back all your lands or when Bangaukauga died?

A. When Topue gave me back all my lands.

Q. You said that Temasi told you in a letter to report a fallow garden which one?

A. I think Temasi had meant it to be Tebolaghi.

Q. Which was first, those boundaries made by Temasi or the letter you received from Temasi?

A. The boundaries were first made.

Q. Did Temasi take those areas in one year (1974)

A Temasi moved slowly by in 1973, he made or brushed that boundary.

Q. Where was the boundary when the garden potatoes of Tengei was brushed?

A. The old boundary.

Q. Who asked Temasi in the time Topue looked after your land.

A. They asked him in my time.

Q. Did Temasi disturb you when you plant your coconut at Baa-mao?

A. No.

Q. Did you know any sign or mark in that old boundary?

A The area where our gardens meet.

Q. Why did you agree that Temasi owns the big bush but you got different believe at those fallow gardens?

A. Our family as a whole know that.

Q. Did Topue tell you the boundaries there by the time you take over?

A. No, but I know it 'cos I had seen how those areas were used.

Q. What is important to you in a nut tree, a canoe and a fallow garden?

A. All of them, but I am according to our family.

Q. Why didn't you keep the letter of Temasi to prove your story

A. It wasn't important to me.

N.F.Q.

This case is adjourned until tomorrow, 6/5/82 at 9 am

E. MUNA
5/5/82.

NOTE: The Court meet today Wednesday 5/5/82 to continue this case but the Defendant is very sick. This case is postponed until Temasi is getting on well again.

E. MUNA

5/5/82

NOTE: This case had been postponed since 5th May 1982, and now it continues today, 15/3/83.

The Defendant Sworn States:- Temasi

Concerning those area of lands where Panunga is reporting me, I am not in the position of tracing the history of how and the people of Nukuitua looked after or owned those areas, but rather I will comment on how and at the time our family or our people has taken over those areas. To begin with, Tamana land was owned by Saveha of Nukuitua but had given it to his grandchild or son Saveha. After Saveha had owned it his son Tegaukatoa came to possess the land. While Tegaukatoa was living there, he got a sick of tooth acre. He was angried at the grave of Mavahe as he believed this tooth acre upon him as further believed to be helped by Tehuaigehenga the god. The wife of Tehuaigabenga the god was Hakakamueha, she made a wishing song to Mavahe and this caused Tehuaigabenga to angry at Mavahe. By and by Tengaukatoa brushed his area and named it Hongahenua and settled there. Tengaukatoa had no son, he got only two daughters. SeMuas was the brother of Tengaukatoa, he went with some of his friends to Australia but died there. Tegaukatoa got Saveha the son of his brother Semua as his son and said to him, you would take over all my lands. He had given him to own Tamanu land. Saveha had married to a woman named Kasio and it was then did Saveha moved down from Tamana to Namagau his new settlement just next to Hongahenua. Tegenukatoa however went to Rennell. He was planned to murder by some of his enemies but escaped and came back to Bellona. On his arrival, he brushed an area at the road Kongomea and named it Tebolaghi. He got this name from Rennell. Those areas there were named to be Baa-mao, Gekegeke and this new name at Tebolaghi. There were also some areas of land at the lands owned by Semua named Pakia and Tengokigega. When Tegeukatoa was murdered, then Sangoihenua the brother of Saveha came to settle at the main earth bankment at Hongahenua and Saveha was at Tamanu settlement. The fallow gardens at Baa-mao, Gekegeke and Tebolaghi. By and by Sangoihenua was killed and left his wife Kamagau and children and also Kaisio the wife of Saveha was also died. So Kamagau the wife of late Sangoihenua took his 6 children and went to Saveha and got married. The children of Saveha were 5 and Saveha and Kamagau got married and cared for those children. Saveha got a new son from his wife Kamagau and named Gimamua that gives 12 children in the family. When the children grew up Saveha gave back to Gakei the first son of late Sengoihenua, and his brother all the lands that he had cared for them. Saveha also gave lands to his sons Bengakauga and Gimamua. When Bangakauga married my mother Temotuniu, they settled at Nagau and farmed at the fallow garden at Gekegeke and Gimamue farmed at the area below Gekegeke his own land.

After those gardens were harvested and brother of Saveha and Sangoihenua who was the father of Pengi the Plaintiff came and changed the boundary in the area, claiming that the fallow gardens were just above his homestead at Hongahenua. Bangakeuga came or went along and blocked the area brushed by Taupongi. This has caused a rowing between Taupongi and Bagakeuga my father. Both claimed the right over this piece of land.

Saveha and his wife Kamagau and their son Gimamua came to see these men rowing. Saveha asked them why did they row. Taupongi replied said Bangakauga had blocked my fallow garden. Saveha said to them what fallow garden. Bangakaga said, the one at Baa-mao you did give me Saveha said to Taupongi, why did you intend to take it, Taupongi said 'cos the area is just above my home stead. Saveha said to Taupongi, you are too selfish and you only went to be lucky in everything. Saveha said to Taupongi, don't take it for granted that just because those two fallow gardens were just above your homestead at Hongahenua. You got the right to claim or own them. Those fallow gardens were mind but I gave them for Bagakauga. This had covered further rowing between my dad and Taupongi and resulted that Taupongi cut the arm of my dad with his axe. Saveha said to Taupongi, you are a bad man. I gave you the lands that were due to be yours from your father but you went to take the fallow gardens of Bangakauga I had given and more than all, you did cut his arm. Taupongi said to Saveha, you were taking favour at your son, but I would kill him one day. Saveha said to Taupongi, give me back my temple. Taupongi said to him, all its equipment were at Tengakitau. So Saveha went and got them and put them at Hangemagama. This was when this family separated. I have seen this rowing when my father got his cut on his arm. I don't know if Paunga know it or not. There was a big division between Saveha and his son Bangakagua and Taupongi. After some years, Taupongi and Saveha had reconciled each other but not Bangakauga. After some years, Bangakauga still did not want to be good with Taupongi. Then one day, Saveha went to this area of land and made the boundary there exactly the boundary where I had shown to the court parties when we went there to take the sketch map. Saveha told it to Bangakauga and then to me, but I did not make any new boundary as said by Paunga. Taupongi had his own land at the west and when he died, Saveha had taken care of these lands for his son Panuga while he was still a little boy. When Saveha died, Gimamua take cared of those lands of Taupongi for his son Panga. In 1951, Muna make his garden at the area of mind. Also Gibavika and Saonoa. In 1951 after my dad died, I came to take over those lands. No body brush the area of Panuga. In 1959, I asked Gimamua to make my garden at the side of Panga at Tebolaghi.

Panga wants to change this boundary just like his father Taupongi who had intended to change the area of lands at the time of Saveha. Actually Pavuga does not know any sign or mark in that area indicating where the old boundary was. The boundary made by Pavuga is not after all true because he only believe those fallow gardens were above his homestead at Hongahenua but that was not how Saveha had marked the boundary. I don't know how Panuga know this areas. The following names had asked me to make these gardens in my ground, Savugu, Saonoa, John, Pr. Hatigeva, Teikagongo. There wasn't any rowing between Bangeky and Saveha in that area. Panugu is only jealous because I owned some area of lands just above his land at Hongahenua. I did not do it by my self. Our ancestors had marked it to be like that and we only to follow it. I honestly believe I do not take any area of land from Panuga.

END.

XX'N by the Plaintiff.

Q. Whom Did Taupongi come to inherit the lands at Tebolaghi and Hongahenua, Sangoihenua or Saveha?

A. Taupongi inherit Hongahenua from Sangoihenua but part of Tebolaghi he had inherit it from Saveha.

Q. If you say that part of Tebolaghi was given by Saveha to Bangokauga, why didn't he make any garden then until when after Xianity arrived did Gimamua allow him to brush his garden there?

A. Bangakauga had used to favour in that land before Xianity came to Bellona.

Q. You have mentioned that Taupongi and Bangokauga were rowed and resulted that Bangakauga got a cut in his arm because of that follow garden, didn't you know because the rowing was began when they were urgued over the boundary between Hongahenua and Nangau?

A. The rowing was all began in that fallow garden.

Q. Who permitted Bangakeuga to make his garden taro above Hongehenua?

A He had brushed it because it was his fallow garden given by his dad Saveha.

Q. Why didn't Bangakauga in 1952 angry at Gimamua when he had allowed Tangei to make his garden there

A. The area you are refering to was not at Baa-mao my fallow garden. It was at a different area near Baa-mao.

Q. Didn't you know because it was at Baa mao and I had seen it myself?

A. It was not. It was at the area I have mentioned.

Q. Did Bangakauga make the boundary you did show to the Court parties when we went there?

A. Saveha had given it Bangakauga. This Bangakauga had shown it to me and I have shown it to my son Willy Temasi.

Q. Didn't you know because you have changed the boundary in that area in 1959 after your dad died in 1952?

A That is not true. My dad farmed there in 1933 and the area was at Baomao you are claiming to take.

Q. Didn't you know because your father and you asked Gimamua to make your garden at Tebolaghi?

A. Yes, we were asking about your land but about my area you are intending to take it.

Q. Who allowed Bangakauga to make his second garden at Tebolaghi?

A. My dad did not at any time ask any body to farm at your area.

Q. Didn't you know because Bangakauga had asked Gimamua and made his garden at Tebolaghi?

A. That fallow garden at Kingikingi was of Gimamua but I had given it for my dad.

Q. Didn't you know because it was not at that area you are refering to

A That garden was ended to our boundary.

Q. How many people had asked your father to farm there after you have said in your statement that there were 14 pupil who had asked you to make their gardens?

A. There was a man Maige who had asked my father and made his garden there.

Q. Did Maige asked Bangakauga to farm there while my dad was still alive?

A. Yes, because that area was of my father.

Q. Where did you ask Gimamua to make your garden there, Tebolaghi or Gekegeke?

A. The land I had asked to make my garden was at Tegokingenga land.

Q. Didn't you know because you are mentioning different areas like Pakia, Tegokingega and not Tebolaghi?

A Yes, they are different areas but we are dwelling at Tebolaghi and Gekegeke etc.

Q. Did your family own any area below the big bush you had owned because the ground area were owned by our family?

A. Yes we got lands there as I have stated it in my statement.

Q. Why didn't Bangekauga make the boundary you have farmed now by the time Gimamua had looked after that land?

A. Gimamua and Bangakauga knew that boundary to be in that area.

Q. Why did you try to bring down the name of that big bush to which is Nabobo to my fallow garden at Tebolaghi?

A. The area called Nabobo started at the area just above the hill or slope at Tebolaghi.

Q. If you believe that the road of Kaihuei was your boundary to our land, did you own Pakia land?

A. No.

Q. You have said that Tebolaghi was owned by Tegaukatoa, and as we know after Tegaukatoa was murdered, Sagoihenua took over that land, who was the son of Sagoinenua from Bangokauga and Taupongi?

A. The son was Taupongi, but the father garden was possessed by Saveha after Sagoihenua was killed and Saveha gave it to Bangaukauga half of it and half to Taupongi.

Q. I know that your father was a man who known to be a farmer, why didn't he make any garden at all his fallow gardens at Hongahenua as you said?

A Of course he did in 1942.

Q. Didn't you know because it was at Kongomea road but not at the upper part of Hongahenua?

A. It was at the area where I have shown in my map.

Q. Why did you have two boundaries in that area?

A. I only follow where Bangakauga had told me.

Q. Why didn't you report me before if you believe I have taken all your lands?

A. I didn't, I only follow what Saveha had done to us as a family in those area of lands.

Q. Didn't you know because the name you are refering to, Baamao as the name of the grave of Mavahe at Tamana?

A The name of that fallow garden includes the the spot where the grave of Mavahe was.

Q. Which was first when Tangei asked you and me and his garden in our area and shared our lands in its boundary or your new boundary?

A. The garden you are refering to was at the boundary I always refer to.

Q. How do you know that the boundary you have shown to the court parties was the old boundary?

A. I have used to cut my canoes there.

Q. Didn't you know because those areas were ours?

A. I am not referring to the area you mentioned.

Q. How do you extend in your sketch map to my area when my young coconuts are?

A I only follow what Bangakauga had told me.

Q. When did Bangakauga brush those area, at the time of Taupongi or Gimamua?

A. At the time of Saveha but that was the old boundary.

Q. Why didn't Gimamua and Bagakauga dispute over those area

A. They had used and owned those areas accordingly.

Q. Do you believe those areas were yours, didn't you know because Gimamua is still alive?

A. I know he is still alive but I believe at the same time he knows what I know.

Q. What boundaries from ours did Gimamua agree at?

A I don't know, but I only believe what Saveha and Bangakauga had told me.

Q. If you believe Gimamua agrees at your boundary, why did Gimamua farmed at the east end from your new boundary?

A. It seems to be like that because there are angles in those area especially in the boundary

Q. Do you believe your boundary is the right one?

A. Yes.

N.F.Q.

XX'N BY THE COURT MEMBERS

Q. Is the area called Tamana being disputed?

A. A bit of it is inside the area dispute

Q. After Saveha had taken possessed of the children Sangoihenua, did Saveha change the plan of these lands or or did he follow the old plan?

A. He did not do any changes.

Q. Whom did Taupongi came to inherit Hongahenua, from Saveha or Sangoihenua?

A. Sangoihenua

Q. When Sangoihenua lived at Hongahenua, after Tegankatoa were murdered, which was the boundary, the one your dad or of Paunga?

A Paunga and I did not see Sangoihenua only Saveha who did the boundary I know.

Q. Why didn't Saveha live at Hongehenua but rather Sangoihenua seeing it was he whom Tegaukatoa had taken as his son, after all Hongehenua was owned by Tegaukatoa?

A. Sangoihenua had claimed it as his.

Q. Did the boundary show by Saveha after Taupongi and Bangaukauga were fought each other in that area at the slope at Tebolaghi extend toward Nabobo?

A. No.

Q. Who started the angle near that slope as you showed it to us, you or Saveha?

A. It was began by Saveha.

Q. Did Sagoihenua own Tebolaghi when he was at Hongehenua

A I don't know because I did not see Sangoihenua, I only know Saveha from dad in those areas.

Q. Do you mean to say then that Saveha had changed the plan of Sangoihenua at those areas?

A. No.

Q. Why did you and Paunga are coming to court in those areas as your ancestors in those ares also rowed why?

A. He does not want any angle of lands above his land.

Q. Is the name Tebolaghi the named a fallow garden or a settlement?

A. A settlement.

Q. Why was this little spot where Tegaukatoa was killed and ought to be remembered because a centre of boundary?

A To show the memory of where our ancestors was killed.

Q. When did Panuga get your fallow garden at Tetanuhu?

A. Gimamua gave it for Bangakauga.

Q. Did Gimamua own any land at the area of Panugu?

A. Saveha had owned his area there.

Q. Who allowed Gimamua to give the fallow garden at Tetanahu to Bangakauga seeing the area was of Taupongi?

A. That fallow garden was given by Taupongi to Gimamua.

Q. Who owns that fallow garden now?

A Because Gimamua had gives it to my dad so the land is mine.

Q. Did you disturb or talk to Panunga before plaintig his subside in that area?

A. Yes we had been arguing over it.

Q. Where were Baamao, Gekegeke etc. in that area seeing you send Panga has taken part of Tamana?

A. A part of it.

Q. Did Panuaga have any part at Nabobo?

A. No.

Q. Was it the first time to make a boundary between Hongehenua and Naga or Tamana when Saveha made it after Taupongi and Bangakauga rowed?

A. Yes.

Q. Did Saveha get Kangua land from Sengoihenua after or before he was murdered?

A. I don't know the condition of Sangoihenua but these brothers had lived in their land accordingly.

Q. What homestead is the fallow garden at Tetanahu just above?

A Kagua.

Q. What homestead did the area where Tegaukatoa was killed is above?

A. Hongahenua.

Q. Why did your sketch map in those two spots in (fallow garden at Tetanahu and the area where Tegaukatoa was killed seemed different from your answers?

A. That's how Saveha had ordered it.

Q. Who named the name Gekegeke?

A. It was an old name.

Q. What is the position of Gekegeke and Baamao from each other?

A Gekegeke is above Baamao.

Q. What area is the nut tree there stand

A. Tebolaghi

Q. How far was your garden you have asked Gimamua to make them from that nut tree?

A. It was very close to it from the western end.

Q. Where was the boundary of the fallow garden at Tetanahu to the eastern side in the area disputed?

A. The answer is not certain.

Q. Who make the first angle below the disputing areas shows in the Sketch map taken by Panga?

A Saveha

Q. But why did you say the boundary of Panga is a new one?

A. Not in that area refers.

Q. Who got many lands from Sangoihenua and Saveha from the lands of Tegaukatoa after he was killed?

A. Saveha

Q. Did Semua own whole of the land beginning at Tamana to Pakia?

A. Semua owned the lands started at Pakin down below while Tegaukatoa owned the lands near Kongomea.

Q. Where was the boundary of these brothers in those area?

A I don't know until Saveha made it

Q. Why did you say at first that the lands of the family as a whole were divided accordingly by Saveha among them, and now you say the lands were owned by Saveha himself why?

A. Saveha looked after the whole family and the lands as well.

Q. Why didn't you know the boundary of Semua and Tegaukatoa in that land?

A. That's what I know all about that land.

Q. Did Taupongi claim those areas because the areas were just above his homestead or did he believe by history the land is theirs?

A. He thought it was above his land.

Q. Why was, it wrong when Taupongi claimed and just above his land?

A. Because his dad did not own it before him.

Q. Where is the ending of Gekegeke to the western end?

A. The area where I have shown in my sketch map.

Q. Where is the ending of Tebolaghi then to the western end?

A It shows the same boundary to Pakia.

Q. Have you any part at Tebolaghi?

A. Part of it was given by Saveha to us.

Q. If so, where is Gekegeke then?

A. Tebolaghi is at the above part and Gekegeke was at below.

Q. Why didn't Saveha give any area in that place to Gimamua?

A. Because he got all the lands at the Northern side.

Q. How far were those gardens from the slope at Tebolaghi in 1950?

A Those gardens made were not beyond that slope to the western side.

Q. Did Gimamua say any comment about those gardens?

A. No

Q. How far is Gekegeke from the Kongoma road?

A. About 40 yards distance.

Q. Whom did you share your boundary to at Pakia?

A. Panga and the people of Baitanga.

Q. Did any body extend his gardens to reach the Kongomea road from those who had asked you and made their gardens there?

A Yes

Q. Where did Panga say to you in his letter that he would report you about it?

A. The area where he has reported now.

Q. Did Taupongi own any land at the sea side?

A. No.

Q. Did any one in the family of Panga make any garden at the fallow garden at Gekegeke?

A. No.

Q. Did any garden make by Taupongi and Bagakauga to share the same boundary in that area?

A Yes, they were but only a little garden.

Q. Did Gaimamua believe those lands were his or did he believe to be of Panga when he took care of them?

A. He believed to be of Panga.

Q. Why did you believe that whole area is not all Tebolaghi?

A. This is the truth of it. Tebolaghi is only a spot above those areas.

Q. Where did the fallow garden at Baamao begin, at Kongomea?

A. Just near the Kongomea road.

Q. Why did Saveha make those angles of land in the boundary he had made?

A. That's how he did it.

Q. What is the name of the fallow garden between Baamao and Gekegeke?

A. Those two fallow gardens showed the same boundary

Q. Who named the names Tetanuha Baamao

A The people of Nukuitua.

Q. Were the names Kingokingo and Tetanahu were different?

A. No, its the same area.

Q. Did Panga intend to take any part from your fallow garden at Baamao?

A. Yes, he did.

Q. Why did your big coconuts there and your new young coconuts planted there are different in line?

A. My mother planted those small ones.

N.F.Q.

This case is adjourned, the court parties will meet tomorrow 16/3/83 to decide this case and after reaching the decision both parties will be called to hear the decision.

NOTE: The Court President Parties meet to discuss or to decide this case today, wednes. 16/3/83.

JUDGMENT: The Court Parties have a long discussion over this case on the 16, 21/3/83 and agreed to take both parties to the disputed areas to settle by selves or agree by themselves to make a boundary between them.

The Court parties took both parties over to the areas disputed and told them what was suggested by the Court. However, both parties disagree.

The Court now has called for a witness from Gimamua Topue an oldman who knows the areas to explain the case.

GIMAMUA TOPUE duly Sworn - 21/3/83.

I have told Temasi since that they dwelling with all their fallow gardens in the area but not their boundary. Actually I have kept the areas of Taupongi the father of Pavuga but before that it was my father Saveha who had kept the whole areas of Temasi and Pavuga. I used to make gardens in the area of Taupongi and Temasi and his dad Bangakauga used to make gardens on their own area which shared the same boundary to the area of Taupongi. I've heard about the boundary shown by Pavuga to the Court parties in his sketch map. Then I heard that in the counter claim of Temasi, he has began his sketch map at Tebolaghi and through the paddock of Panga. Concerning the area sketched by both parties, there are two angles are heading west ward and other head up upon the hill at Tebolaghi. Both parties should know that area but I don't know why they are confusing over it, but this is the truth of it.

END

XX'N BY COURT PARTIES.

Q. Where about is the first angle below the disputing area begin, it is began on a little slope of hill or on a flat area?

A. It's on a little slope of hill.

Q. How far is the boundary at Tebolaghi area to the nut tree that stands there?

A. The nut tree is at the west end of the boundary about 4 yards.

Q. Did the area of Taupongi extend further on the road known, Kaihuei?

A. It extends bit further up from the road named.

Q. Was there any angle starting at the little slope at Tebolaghi in the boundary or did it go up straight?

A. It was straight.

Q. Is there any angle in the boundary above Hongahenua and Nangau?

A. Yes, the first angle I have mentioned.

Q. What are the names of those fallow gardens in the area disputed?

A. The names had been said by Temasi and you are awared of it.

N.F.Q.

THE DECISION:

The Court Parties is to go and make a boundary in the area between both parties. The Court parties have to follow what the witness has said.

Signed
Court President

Signed
Court Clerk.