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Nanau v Sarau [1983] SBLC 2; Civil Case No 2 (12 April 1983)

IN THE TASIMBOKO LOCAL COURT

CIVIL CASE NO. 2

COURT HELD AT BINU ON 12/4/83

BETWEEN:

John Nanau
(Plaintiff)

AND:

Sarau
1ST Defendant

AND:

J. Sikua
2ND Defendants.

CLAIM: I John Nanau against Mr. Sarau and Joel Sikua in the matter of disputing and claim the boundary of my land. Also they destroyed my trees and forest on the land. I have won this land in court several times such as

(1) From Jacob Vouza - 14th March 1966
(2) Native High Court 23rd June 1966
(3) Francis Talasasa Land Settlement Officer - 14th March 1970
(4) Native or Local Court Binu 1982
(5) Customary Appeal Court 1982

From the above points I understand the Sarau and Sikua trying to steal my land. The Notice was displayed publicly for three months but nobody trying to claim it until the agreement was signed at the Foxwood. Sarau and Sikua made their claim when the machines were on the job.

PLEA: Unliable.

FACT: I came from Thegeona and came to settle at Betikiki. From Betikiki I came down to Ithu Ithu where I made my first sacrificing place. From Ithu Ithu I continued down to Bolikolu, where I made my 2nd sacrificing place. There were several tribes who came to settle with my tribe at Bolikolu. This was the reason why we got the name Bolikolu and until today.

My properties on the land are:-

(1) Two sacrificing places
(2) Two houses of Kukuru
(3) Cementory of my ancestors
(4) Pool of a snake
(5) House of standing
(6) Place of dancing called (Loa ni Rope)
(7) Place of dancing called (Loloele)
(8) Pool for drinking
(9) Place of fishing

Fruit trees such as:-

Nut trees, breadfruit trees, beatle nuts, trees and coconut.

My list of geneological of ancestors.

Note: Please refer to Pdf image below.

I know where the boundary is. The boundary started from the cementory at Rogu and followed the stream upwards. The Gaobata land at the west bank of the stream and my land at the East side of the stream. My ancestors didn't cut this boundary themselves but they didn't with some oldmen from Gaobata line who lived at the west bank of the stream. Also I knew whom they were.

My boundary continued South to a Boga tana Vovota. From the boga tana Vovota it turned east to a banian tree which died already and from this tree it continued again to another nut tree called Ngalirauga. There were two separate groups of Nakema line who own land from that area. The Nakema as myself and the other Nakema whom I knew them. These Nakema people settled at Bakeku. I did not know whose ancestors they were. My boundary continued east while the other group of Nekama line settled at Pao. The boundary goes as far as Tui. There was a bamboo over there which been planted by Thogo line and that represented where the boundary was. From there the boundary then turned north to Betia Votu and there was also another nut tree there which represented the boundary. From these boundary on the eastside of it was another group of Nekama line. The boundary continued North to Sela tana Gogora and continued on to Kalavaria Tagasi. It continued on to Ngaligau and Ngalirauga both of them were nut trees.

XXD BY DEFENDANTS:

Q. Who were the Nokama owned land at Bakeku?

A. They were, Sosopa, Buloa, Kuvia, Lulua and others.

Q. Can you explain the boundary at Bakeku? Die, you know it?

A. Yes I knew it and I can explain it.

Q. Who owned the land at Pori and Selanigela

A. I only told the Court that Nekama line settled at Bakeku but I didn't know what tribe they were.

PLAINTIFF WITNESS (1) Sworn State:

The oldmen who owned the land at the beginning were origins from Thegeone and settled at Betikiki. They went away frog Betikiki and moved down to Ithu Ithu and then to Bolikolu. They got with them their heathen God (Devil) and left it at Bolikolu too. They settled at Bolikau with any people from other tribes or lines such as Thogo, Lathi and Nekama. During their settlement over at Bolikalu they made two dancing places known as Rope and Loloele. A1so they made a house of standing that if anybody came to visit them they would continue to stand all through the night.

Some of the Gaobata line settled at Sasapi and when had discusion made with them they cut the spearline together that followed the stream upwards. It followed the stream to Bogatana Vovota at Thalia Ono. As the Gaobata boundary continued to follow up stream and while the boundary turned east the two group owned land on bothsides. One at the south while the other on the north part of the boundary. The boundary continued east to one of the nali nut tree where it combines the two Nekama lines.

The boundary still continued further cast to a Omi tree at Fui. From the Omi tree to the bamboo which was planted by a person from Thogo line. The bamboo was at betiavotu and from this point the boundary turned north again to a nut tree called Ngaligau and then to Sela tana Gogora. It continued further north to another nut tree called Kalivaria Tagasi and from here to another nut tree again called Nlugau and Ngalirauga The boundary continued to the seaside. The story was heard from the oldmen during the olden days. During those times or period that if anybody wished to cut materials for buildings they always had permission from Nanau and Vuria's acnestors and this also applied to those who wished to catch fish.

XXD BY DEFENDANTS:

Q. Who cut the boundary that goes to Fui with Tulithia?

A. It is Vuke who leads the cutting of that boundary.

Q. Was that boundary already there before the war or was it there ever since the land was there?

A. Those who settled at Betikiki and Pao who cut that spearline. That means the spearline was already there before the war.

Q. When Saki tried to clear up all the boundaries at Tasimboko did they cut that boundary

A. Yes, we followed the boundary before. Tinonile and Sago died but Vouza still there who also followed that boundary.

Q. Did he know about that spearline when Vuke cut that spearlia

A. We cut that boundary before and was followed again when we cut the boundary for Mr. Baddely Devesi.

Q. What is Tulithia to Nanau? Is he one of Nanau's oldmen?

A. From the beginning I used to be with Nanau's grandparents, and when his father still alive he told me to look after them.

Q. Did Tulithia get any land there?

A. No, I did not own any land there but I only witness for Nanau.

PLAINTIFF WITNESS (2) SWORN STATE:

The oldmen were originated from Thegeona. They settled at Betikiki and from Betikiki they moved down to Ithu Ithu and then to Bolikolu. At Bolikolu they made their sacrificing place. They settled at Bolikolu with other tribes of Thogo, Lathi and Gaobata and because of their together and Co-operation during the past they called the place Bolikau. There was Kukuru and places of burial of ancestors there. There were also fruit trees on the land. While the Gaobata line lived at Sasapi they made the bound from Rogu and followed the stream upwards to Boga Tana Voveta. The boundary continued South to the Omi tree at Betinoge. There was a group of Nekama line settled at the eastside of the boundary. The boundary continued east to a bamboo which been planted by a Thogo line. From the bamboo and went further North to Betiavotu. It came down to Ngaligau at Taluasi.

It came down further north to Sela Tana Gogora to another nut tree called Kalivaria Tagasi. From this point it goes further to another nut tree near Pae's house and then to a Dova which is another tree near the village.

1ST DEFENDANT STATEMENT - SARAU.

All the sacrificing places including other things which Nanau had mentioned were his. I am quite agree that those things are his. He also mentioned that he was originated from Thegeona and came down to Betikiti to settled. This was true. I am only argue with him in Court concerning the boundary at Moliasi. I understand that he was trying to hide that boundary from me. I knew that he owned the place at Ithu. His land was from Ithu Ithu to Moliasi. The Southern part of Moliasi to Betikiki is mine. There was a boundary there that separate the Lathi and myself. My land was from Sopi lathi to Sopi Nekama. It went to the stream and then to Pori. It went across the stream to the dead Vatha tree. The Gaobata at the west while the Nakama on the East. My boundary followed up to Tumutabuto and the Gaobata was at the West and Nakema at the East. The boundary was at the West side of the river. It across the river again and continued east to the Simiu or (Red leaf). From the Simiu to the Omi tree which John Nanau just mentioned earlier. It turned north to Bogatana Vovata. I knew Bubuto was his land. The Gaobata land at the West and Nekama at the east side of the boundary. Nanau's land at the north and my land was at the South part of Moliasi. When my boundary turned South Sikua owned land at the eastside of me. My boundary turned east again and Si Sikua's land was at the northside of me. Our boundary still continued east to the place where the bomb was dropped. As my boundary continued the Lathi's land was on my side. My boundary turned then turned west to a stream at Betikiki. I knew that Nanau owned on the north part because it was there that he had his places of sacrifice. He owned that land as far as Moliasi. From Moliasi to Southern part of Moliasi was mine.

I disputed John in Court because the Foxwood damaged my properties of the land. I claimed the land was mine because I was first arrived at Betikiki. I was first settle, there before Nanau arrived. He came and he went direct to Northside.

I was originated from Thegeona. I got with me a beating drum, ashes and one yam. I came down to settle at Betikiki. The yam was a Vigona's yam. They burnt the yam when I arrived Betikiki. The Vigona was appeared when the yam was burnt. The Vigona was at Tui at the moment. They got the ash and left it at Pori. When the Vigona was at Pori it appeared again under the water.

After they had made the Vigona with the ash at Pori they returned again to Betiki and after that the oldmen out the spearline. They cut the spearline from Moliasi to tanaboga. I started to know about my boundary after all. After they made the Vigona and an ash at Pori some of the oldmen went east with a beating drum. We started to separate them. They took the beating drum with an ash of a Sili. They arrived at Tavugini Koko where they buried the beating drum. The oldmen then took an ash to Moliasi. They left the ash there and they settled there who went east. During that time I still settle at Betikiki. Also some of the oldmen went West. They went down and rich at Parikutulia. When they were there they made ash and settled with it there. The ash which they took it with them. The Sili still there at the bottom of the Vasa while the Sili at the South the Vigona appeared at the North. Those who went to Parikulia settled there and burnt sacrifice at Parikutulia because they got the ash with them to that place. The ash at Moliase were burnt sacrifice with by those who went east. One oldweman and an oldman with Veo's wife settled at Betikiki. Longaveveo and Veo who were sisters settled at Betikiki with Veo's wife Lubati while Longaveveo stayed at Pori with one ash. When Longaveo burnt sacrifice at Selanigela those who at Unalesi and Pori also cane. They done the samething with those 3 ashes. When they burnt sacrifice at Parikutalia everyone else came to join. Longaveveo and Veo died and buried at Betikiki. After they died Vesua took there place in burning of sacrifice. The oldmen who still alive done the samething and same sacrifice as who already died.

When the religion arrived Vesua still burnt sacrifice. Vesua buried the ash at Pori and Lovania at Pnrikulie. That was the end of the sacrifice at the West side. Longaveveo and Veo died and were buried at Selanigela where the cementry was. That was the reason why I claim the land at Selanigela and Sole were mine.

1ST DEFENDANT TABLE ANCESTORS

Note: Please refer to Pdf image below.

XXD BY PLAINTIFF:

Q. What sort of trees that represent his boundary at Moliasi

A. There are trees known as Moli tree, an eopoli, Goga tree, Ligi and finish at Tenaboga.

Q. Is Moliasi a correct name of the land?

A. No, it is just a boundary.

Q. Who planted this Moli tree. I want to know the name?

A. I did not know who planted it but I knew it was a baundar

Q. Which was first the Moli tree or the boundary

A. I have heard that Moli was there with the boundary.

Q. Where did Luvua married to?

A. Luvua was bought and married to Suagi.

Q. Where did Sagi married to

A. Ana Maria clarify that question.

Q. How did he owned that land over there seeing that Sagi was getting married over to Suagi and the other woman whom not assure off where she was married too?

A. I got that land there because my ancestors stayed at Betikiki.

1ST DEFENDANT WITNESS (1) ANAMARIA:

I was originated from Thegeona taking with me a beating drum Also I took with no an ash of the Sili (Devil) and one small yam. I arrived at Betikiki and I burnt the yam for the Vigona to sacrifice with. They got an ash and left it at Pori and after that they cut the spearline at Moliasi. Lau, Pathea and Longaveveo cut the spearline. They were separated after they had made the spearline. The oldmen took the ash and went eastward. The beating drum was burried at Tavuginikoko. They took the ash with them and left it at Unalesi. The other two oldmen took the ash again and left it at Puru. They were Sapalia and Pathea. They burnt sacrifice with the ash. Longaveveo Veo and Labati stayed at Betikiki. Longaveveo and Vesua burnt sacrifice at Pori. As the oldmen and oldmen died they were burried at Silanigela. The boundary at Moliasi is mine. It begins from the Boga Uthu Uthu and goes eastward. It goes to the Ligi tree, eopoli and then to the Moliasi tree. Lau planted the Moli tree far the boundary. That is why I claim that Sole land is mine. The boundary came right to Selanigela. I claimed the land at Sole and Selanigela are mine. Lau and Longaveveo told me that Nanau arrived under my case. Nanau's land was Vureturia and Lumia. The oldmen told him to work at the North part while we worked at South part of the land. When oldmen died Talutoba and Lovania took their places in burning of sacrifice. When Botuna and Sasaka brought the religion to Thuguvo Lovania burried the ashes. Pagovudi was the name of the pig which they use for sacrifice. Lovania and Tilale feed the pig.

XXD BY COURT:

Q. Where did you get your ash from?

A. I got it from Uealu.

Q. Is the beating drum at Tumunavila the sameone as your best drum?

A. Yes, it is the same one.

XXD BY PLAINTIFF:

Q. What things did his boundary stand for at Selanigela?

A. It went South to Tagasi's Vigona. Gaobata at West and Nokama at east.

Q. Can she explained what thing represented the boundary at east part of the land

A. From Moliasi to where the bomb was dropped Sikua and myself got a boundary there together.

DEFENDANT WITNESS (2) HENRY BEA.

The spearline which I have heard that Sarau own land at the South. The spearline was boga tana vovota and continued west to the river. It was at Vigona of Tagasi. It was at the South of Mataga where Tagasi's Vigona was.

DEFENDANT WITNESS (3) BOROE.

At the beginning the great grand father of my pother told her about the boundary. Marebo who was first settled at Betikiki told them about the story. The boundary was from Betikiki to Sopi Lathi and Sopi Nekama. There was a nut tree which represented the boundary from Betikiki to Sopi Lathi and Sopi Nekama. Karo was the name of that nut tree. The boundary continued at the otherside of the river at Vatha Tobakovu to two big Vatha trees which already destroyed by the river. It goes as far as Tatau. If followed the path at Tumutabute. Gaobata line at the West part of the boundary and Lathi at the South of the boundary. The boundary continued north to a Mataga tree at the otherside of Bokoanou. Gaobata line owned land at North. It came east to a coconut tree and further on to the otherside of the river and went on to Selanigela. It was here that Pupura's Sili was. Also there was a red leaf called Simiu over there. The Boundary then continued further to a banian tree. It continued north to three boga trees which Kou had written (Uthu Uthu). Gaobata at the West of the boundary while Nekama at the South east. South-east of the boundary was Sarau's land and Nanau's land was at Northwest. The boundary continued further east to a beetle nut plantation and it turned South to two koilo trees. These koilo trees were standing near the Lovoliu grassland. The boundary continued south again to a stream at Betikiki. It followed Paro stream westward and arrived at Betikiki. That was the boundary of Saraa's land.

XXD BY PLAINTIFF.

Q. Where did his Grandmother married to?

A. I did not know but my mother knew about it.

Q. Which part of Selanigela did, the Sili of Pupura was because as far as I knew only Tagasi's Vigona was at Selanigela.

A. I am sorry about this. I got mixed up but Pupura's Sili was at Ngavia's place.

Q. How many boga trees were there. I only knew about one boga tree.

A. My mother told me that there were three boga trees were there but when we cut the boundary we saw only one boga tree.

Q. Which plantation of beatlenut was and what was the name of the place which the bamboo had droped.

A. I didn't know the beatlenut plantation but the place where the bamboo was dropped was at Bokoavotu.

DEFENDANT WITNESS (4) MEANA.

My boundary was started from Betikikto Moliasi. It continued West to the Ligi tree to the eopoli and continued further to the Boga tree. The boundary turned South to Selanigela and then to Vigona of Tagasi. It across the river to Bokoa Kana. There was a bamboo and Vulekuku on that place. Also there was a coconut there which planted by Kana. The 'boundary continued again to the West while the Gaobata line owned land at the north part of the land. While the boundary continued South along the road the Gaobata was at west and Nekama at the east. The boundary then carne right to Tatau and there was two Goba trees which represent the boundary there that separated the Gaobata and Lathi. The two tress were known as ropo Kebu and Tulupupusu. It across the river to the Vastha tree called Vath Tobakabu. It continued east at Sopi Lathi on the South and Sopi Nekama on the North. There was a coconut tree there which planted by Veke. It continued east to a nut tree called Aro and followed the water bed at Vua and arrived at Betikiki. It goes East at the grassland at Lovoliu and then to the place where bambed was dropped.

The woman was Togana. She settled and married at Betikiki. Her husband was Boko.

Note: Please refer to Pdf image below.

These table of ancestors are not the same family unless a woman to join them up.

XXD BY PLAINTIFF:

Q. Were Meana and Sarau arrived at the same time?

A. I knew that my mother arrived first.

XD BY COURT:

Q. Where is Totoga

A Totoga is near Saranuli.

Q. What line was Boko?

A. I did not know.

Q. How many Taravu did you know?

A. I knew only one Taravu and not two.

DEFENDANT WITNESS (5) JACK GUSA.

Sarau was originated from Thegeona. He actually came out from the fourth groups from Thegeona. He arrived at Betikiki. They talked together to get a beating drum to leave it where they wished. They burnt one yam and threw it at the pool at Tui. The Vigona was underwater. The name of the Vigona was Pago Vudi. They took the beating drum and within the beating there was an ash of a Sili Nekama. They carried to the east. I wasn't sure whether they burried the beating drum at Tavuginikoko or Unalesi. After they burried the beating drum they returned again to Betikiki to cut a spearline at Moliasis The oldmen who cut the spearline were Lau and Longoveveo. Lau was oldman who planted the Moliasi tree. The boundary started from Moliasi to three Boga trees. There were three there before but now there is one Boga tree there. From the boundary at Moliasi and on the North was Sikua's land while Sarau's land was at the South. At the West side there was a Gaobata lines land. There was another spearline at Ithu Ithu. This boundary was belongs to another Nekama line, known as Kilua.

XXD BY PLAINTIFF

Q. Did they make arrangement to cut this beating drum while they were at Betikiki?

A. They only talked together as to where they should burry it.

Q. Why didn't they burry the beating drum at Betikiki instead of burry it at Tuvuginikoko?

A. They returned to Unalesi to cut a boundary.

Q. Where did Pagovudi stayed because I only knew about the buli

A. I only knew about Pagovudi but not its buli.

PLAINTIFF AGAINST SECOND DEFEND (J. SIKU1)

According to my experience I knew where he had originated from, I didn't find any where about his tribe but I actually found about him from my uncle and my mummy. I remembered the story in the year 1966 that Botu himself confirmed to me about where he was originated from. During that time I didn't go to his house but himself came to my house. I was still at school during that period of time. I knew the piece of land that had used. I know that he didn't buy the land but they just gave him to use it.

XXD BY SECOND DEFENDANT (JOEL SIKUA)

Q. How did he own the land while he just came to settle at Betikiki?

A. I didn't own any land at Betikiki but I only settled there because people were already before I arrived at that place.

Q. What is the name of the land that he against me in court for?

A. The land is from Moliasi easyward to pepela and tumuna Kona

Q. Who was the name of his devil at Ithu Ithu?

A. My devil at Ithu Ithu was Sivosolo. That was the devil which I based on.

Q. Who was the name of his Vigona?

A. Lumia was the name of my Vigona.

Q. In 1965 when Vouza, Botu and Francis Bugotu called for public meeting and before that public meeting was called who came first? was it Botu or the meeting?

A. I knew the meeting in 1965 but I am only talking about the year of 1966.

Q. He know that I own a piece of land over there why did he take me to court about this land?

A. I understand that he own a piece of land there but I take him to court because his boundary is so larger than what I actually know. I cannot take him to court if he does what he likes to the very piece of land which he own.

Q. He mentioned to me previously that he will show me a piece of land which I own. Where was that piece of land which he mentioned?

A. I know that piece of land which I mentioned to him but during that time there was an arguement between us. How-ever not very long he came personally to me to settle our problems.

Q. Was he who gave that piece of land to me?

A. Yes, I gave that piece of land to him.

PLAINTIFF WITNESS (1) (OLIVER VURIA) SWORN STATE

We were originated from Thegeona and came down to Betikiki. People already at Betikiki before we arrived. From Betikiki we moved down at Thu Thu. We put our place of sacrifice at the east point of Thu Thu. From there we moved down again to Bolikolu. It was same again that on the east point of Bolikolu where we put another place of our sacrifice. We arrived there first and we called the other tribe to live with us on that place. The name Bolikolu mean coming to settle together.

During the court between Gusa, Ono and Nanau Botu went up to see Nanau at the school. I met Botu on his way up to the school during that time and I asked him where he was going too. I told him that John Nanau was inside the house with Joseph Itogo, Margeret Gaibebe and Veuru. He went first while I came after him to see Nanau in the house. While he was in the house he told Nanau that if he wone the court case we will be alright because you who gave land to me. Botu said that he own land at Goru, Bale and Mataga. He also told Nanau that if he won the court case he will live his grandson over here. His grandson were Fione's children. He also said that he will live the other grandsons at Mataga and Lagotala's children.

After that we went outside and I asked him why did we have those pieces of land. He said that we came from different places. You came from Thegeona while I came Ngela. After all I heard from him that we gave him that piece of land at Rubo. When Francis Bugotu came home I asked him. Did Botu, already transfer the land Rubo to you? Francis said yes he already done it and Sikua with Mantavu who signed the agreement.

XXD BY SECOND DEFENDANT

Q. Who settled at Betikiki first before they arrived?

A. What I know was that some people from Lathi and Nekama lines. They were Bokoe's group (Lath) and Fione's group Nekama. They settled both from Betikiki and Pao.

Q. If they said their devil was Sivololo who were the old-men who burnt sacrifice at Ithu Ithu?

A. They were Urao, Sogala, Nanau and the others whom I can't remembered.

Q. What is the name of Swosolo's pig?

A. I do not know.

Q. Was it according to our custom to have two places of sacrifices in one piece of land?

A. I was told by my ancestors not to go to Ithu Ithu and Bolikolu because it was our tabu places.

Q. Why didn't he object it at the first place when the land being, transfered by Botu to his grandson?

A. Francis Bugotu informed me that Rubo was the only piece of land that Botu transfered to him and not Fumunakona.

PLAINTIFF WITNESS (2) (TULITHIA)

At the beginning concerning to where they were originated from that Vulevao, Thule and Kekea who were the oldmen and including Samoa who was a girl. These people were originated from Gela boko. The actual place where they came from was Olevuga. They came to settle at Faivu.

Also they settled with some other people from Ngela at Fanginagela. They took their shark called (Lavia) and put it at Vonopono. From there Poe's ancestors took then and live them at Kase. They gave the pece of land at Goru, Bale and Vala. From there the oldmen from Thogo line bought Samoa for Lologo. Samoa had children known as Botu, Vaesodo, Ono and Otu. Also Kake who was married to Kokolu. Logatala bought Vodangia for his sons wife. Lologo bought Fogosonia for Botu and also he bought Kaua for Vaesodo. When Lologo died Logatala took them to settle at Fumbosa Fumbosa except Vaesodo remained at Madalika. At first place they settled at Madalika. When they moved to settled at Logotala and Sabo went to see the oldmen at Bolikolu whom Nanau's ancestor such as Urao Vangaluou and Launa to get permission of a piece of land to work for their food. Therefore they were given a piece of land at Rubo. The boundary of that piece of land which they were permitted to work for their food was that from Buabalo and Kolobai. From Kolobai it followed the water bed eastward. At the south part there was nothing there except of that a thick forest. When Vaesodo's son was died he moved out from Madalika and wanted to work for his food from the thick forest but Nanau's ancestors stoned him and they put a tabu sign on that place. However Vaesodo didn't work on that place but instead he worked at the different place. He also didn't even wanted to work with Botu and Ono but he went to work at Vudilepa. That is all I know concerning about that piece of land. Vaesodo settled at Penutu while Botu, Ono and Logotala settled at Tumbosa. I knew that Botu and Togosonia were permitted to use the land that Nanau had given them.

XXD BY SECOND DEFENDANT (JOEL SIKUA) SWORN STATES:

Q. Does he know some other names of places such as Eopupuku, Tumunakona, Touane and Begose?

A. Within those place which he mention are at the eastside and it is where Nanau's ancestors use to work. These oldmen were Urao and others. I know about those places.

Q. Was Touane a name of a place?

A. No. It was a name of a nut tree.

Q. Who planted that nut tree?

A. No body planted it but Uroa took care of it when it grew by itself.

Q. When Nanau made his claim to against Sarau, my name was not appeared on the claim. How did my name appear concerning Rubo land?

A. At first Nanau was againsting Sarau and when he finished with him he will continued with you. But both of you were appeared in Nanau's claim.

Q. Which piece of land did they want to give to Launa and Taupa and where is the piece of land which belongs to me?

A. From Sela Tana Gogora to Touane. Their boundary was right at the middle and the east part of the land is what they wanted togive to the two bothers.

SECOND DEFENDANT STATEMENT (JOEL SIKUA)

My argument was not about the land at Ithu Ithu. My main concern was of that of piece of land from Rube to Tumunakona. My grandfather told me that the boundary was from the dalevi tree at Sasapi to Bokovatele. From Bokovatele to Selatana Gogora. From Sela Tana Gorera to that of a Thegeona's well. The boundary still continued on to a nut tree called Touane and from there it continued further to another nut tree at Betiavotu, and followed the water bed to Tumunakona. This boundary was at the eastside of the land. The boundary then turn to Moliasi and from Moliasi to another waterbed at Kolobai. It was then followed Rubo stream and on the east bank of the stream is mine while the west bank was belong to another Nekama. This is what I know about that land. He told me about the land and he said that he will show me the spear-line of the land and because he said that to me I thought I I own the land. Also he told Baddeley Devesi that we own the land. I asked Baddeley and Baddeley said that he told him the same thing. We thought that what he had told us was true and therefore we told the Foxwood to come and operat at that area. He told us that it is from Rubo to Tumunakona and not further than that.

XXD BY PLAINTIFF

Q. How does he came to own that land?

A. One my oldwoman came to settle at Betikiki. This old-woman was ordered from Kase to get married at Betikiki. The name of the woman was Borovi. The oldman who ordered this oldwoman were Kilalia and Kana whom I thought were Tione's ancestors. The woman was getting married to Vili's son one of the Nekama line. When she has a child he called it Sikua. According to what I know Kilalia and Kana who cut the spearline at Rubo for me. That spearline was from Rubo to Tumunakona.

Q. Did he come from anywhere elese before he arrived at Kase to Betikiki?

A. I didn't come from anywhere else but was started from Kase then to Betikiki.

Q. Why did Botu named Gelaboko as his name sake?

A. A group of people went to Ngela and on their returned they arrived at Taivu. They left Taivu and went up to Mataga and Goru. The Nekama from Tasimboko called them to come here.

Q. Was this woman to who pay the land or not?

A. I didn't know whether they paid it or not but they use the land ever since. Therefore I thought the land was mine.

DEFENDANT WITNESS (1) SWORN STATES (OTU)

I cannot tell you anything which I do not know but I only tell you something which I know. During my growth I used to follow Kobea and Boli. I was trying to go across the river by bridge to the field. They stopped me not to go over the otherside because it was there where my devil (Lavia) was. They said that my brother died because of it. That was the time when they cleared up the field of eggs right to Vono. They told me that the shark put sons on my brother and these sons caused him to death. That is why I know the devil was mine and my settlement at that place was continued unbroken until now. That was the end of my story concerning the devil and why I am continuing staying at Tumbosa until today.

It was just after the war Launa started to be come very ill and just about to die at Mendingi. I asked him what sort of sickness did he has. He told me that his side was very painful. I told to go with me to Mataga very easily. Also I told him too that we shall sit down to have a rest as we go along. He told me to carry his blankets as went along.

As we arrived at Mataga I asked him who own the swamp taro (kakake) at Raposa which every body seemed to depend on during the war. He said that the swamp taro (kakake) were in Gaobata's area but ours werre at the east side. He also told me about the places from that area. He said that we used to work at Kogarasele and as far as Taba right to Bokogoli and then to Kusa, Komugamga papasa and Bongaulu. On the south was at Maragatita and at the west part was at Abia and Tiro. He said the spearline on the eastside. He said that we were working at our own areas.

We worked at the eastside while he worked at the west side. He didn't tell me anything about sacrificing places over the devil. He didn't tell me anything else except that places where we used to work. The Gaobata used at the west side Sasapi river while the Nekana used the east bank of it. As I became old I found that it was true because continued to worked on some of those places. Also I heard stories from Kobea and Botu.

XXD BY PLAINTIFF

Q. Did he tell you why he left them to work on those places?

A. No he didn't tell me about it.

DEFENDANT WITNESS 2 SWORN STATES (MANTAVUA)

My story was only about what my grandfather Botu had told me. The story was about the arrival of Belakake who brought in the religion at Tathimboko.

When he was at Tathimboko he wanted to brush a small garden of pana but before he did so he was first all got permission from Botu. Botu told him that he owned that land from Rubo to Tumunakona and therefore Belakake worked at Seleha.

After Belakake had brushed his garden Tangethea went to put a tabu sign on the very sport where Belakake was brushing. When Belakake wanted to chop down trees of that garden he found that there was tabu sign on that place. He returned home instead. The people had asked each other who made that tabu on the place but nobody could say anything about it until Thangaoale went direct to Tangithia to asked about it. Tangithia said that he did it.

Logotala told Botu to send a news over to Reko for Besani and Geseni to come down. As these two men came down the people gathered together under the coconut trees at Tumbosa where they called Tangithia to come and tell why he put a tabu on the place where Belakake was brushing. These two oldmen told Tangithia that he was not been polite to Botu to make such tabu and that he had no right to do such thing over that piece of land. They told Tangithia that his area of the piece of land was at the different side from this piece of land. However, Belakake then started to work on that place again. The two oldmen told Tangithia that Botu's land was from Rubo to Tumunakona.

The second point on my story was that once at Tumbosa I called the people from Nehama together including Naunau and Frank Bullen who was a Priest during that time. I made some during that night. I told them to come and had food together with Botu. After we had food together I asked them and wish them to confirm to me what Poe and Nakau had told me previously. That was about the land from Rubo to Tumunakona. Poe and Nanau told me that piece of land was mine. When I asked them about it both of them said that nobody will claim that piece of land from me.

XXD BY PLAINTIFF:

Q. Was Belakake the one who brought the religion at Tathiboko or was the religion first before he arrived?

A. I was not sure about it which came first.

Q. Tangithia who put a tabu was he an oldman or an old woman and whose ancestor was he?

A. Tangithia was an oldwoman and she was Nanau grandmother.

Q. There were two Tangithia in my tribe. One was the first and second was just a name sake?

A. The first one who made a tambu.

Q. Selena was just a name. Can he explain clearly the actual place where Belakake was working?

A. He did not show me the actual place but he just tell me a story about it.

Q. There were many oldmen at Tathimboko during the time when Tangithia put the tabu Sign. Why did they call concerning this matter?

A. Botu did not want to send a news but Logotala and Thangavulu told him to do it.

DEFENDANT WITNESS (3) SWORN STATE (TOBANI)

The spearline was being cut the second time by me. The first cutting was done because of an argument between the oldmen before. I made the second cutting to make it as a true spearline today. Before we began I told Gusa to ask Nanau to come with us or if not one of his children should come with us. In response to what I have said Nanau permitted Belaga and myself to cut the spearline if it was a Lathi and Gaovata land. From my own view I wish to continue with the second cutting or else the boundary will go astray in future. The first cutting was done by Boli, Kobea, Botu and Vaesodo. Also Launa, Kapini, Ono and Vangahivu. I was only started a half way they did the first cutting. We only started at Sasapi from the Dalovi tree going southward just beside the pool at Bokovatele. The boundary continued to the beatle nuts that Kobea planted at Koikia. Continued further it came to a taura tree and then to three paravu tree and then turned eastward. The boundary which belongs to Botu and Vaesodo continued south. Buabalo and Selena were in Botu and Vaesodo's area. Ulupenga, Selatana gogora, Kalivaria Tagasi and Vavatu were all in my daddy's area. We continued the cutting of the spearline eastward to a Omi turia thairi. We saw the spearline which Tutithin and Nanau had made. I asked about the spearline and they said it was Tutithia and Nanau's spearline. The spearline which the oldmen had made continued southward. I did not know where that spearline ends. I returned home without completing the spearline because I was feeling hungry.

I only end up at Tumunakono and Moliasi and then returned home. When Robert Kakau whom a religions minister was first arrived he used to work at Ulupenga where Boli told him to work. I was getting married before Robert Kakau died when Tirion came he also worked at the same place. Botu and Vaesodo's boundary was at the west side. I only mentioned the boundary which belongs to my father. My father didn't own a very large grass land but Nanau did.

XXD BY PLAINTIFF

Q. Why did they put Thegeona on the land at Tupadato. Why didn't they told him to go out from that area?

A. I can answer that question if it was about my daddy's area.

Q. Nanau and Vangalunu had put a tabu sign on the place which Vaesodo had been brushed for gardening and because of that Vaesodo went away from it. Why didn't he chop down trees on that place?

A. Sikua and Manetavua should answer that question. I did not brought at that place.

DEFENDANT WITNESS (4) SWORN STATE (SORI)

Both of them are my brothers and I do not against any of them. Joel Sikua wanted me to come to court concerning the boundary. There were three oldmen who told me a story about the boundary. They were Poe of Nekama line, Launa also from Nekama line and Thegeona from Gaobata line. Poe was the first who told me a story. The next was Launa and last was Thegeona. Poe said that Botu's land was at the north-side of riverbed at Tumunakona. He continued to say that on the south part of Tumunakona was belong to Lathi line. I was still at Tawu when the story was told to me. At the beginning when he told me a story we followed the river bed to Hetiavotu and came tight to the big nut tree. He told me about the nut tree. He told me about the nut tree. He said that the nut tree was ours. It was from Alitoga. I asked him what was the name of that nut tree? He said, it was called Bobonu. I asked him again who planted the nut tree? He siad that his oldwoman planted it. Her name was Longani. Bokoe's piece of land was at the east pact he said. As we came down further he showed me where Botu's land ends. Poe said that at the north part of Botu's land was another piece of land owned by my father. I asked him who was he? He said it was Launa and Nanau's land. This land ends here and where does Botu's land continue to? I asked, it continued west to a big nut tree at Rubo. He said Ngalivaivine was the name of that nut tree, he said. It continued to the river bed at Kolobai and went south-ward towards the Mohasi tree. It ends up at Luvunduku.

I asked him again the next day who was the soldman gave that land to Botu. He said that Launa and Nanau gave that land to Botu. Also I asked him about nut tree at Touane. He said that the nut tree was planted by Kekea. These nut trees were belongs to Ono, Thule and Vulevao.

I was getting married when Poe came to see Launa. On his returned Launa sent a message through Poe for me to go and see him. Launa said tell our son to come and see me. Early in the next morning I went down to Paripaso to see him. When I arrived at Paripaso, I told him that Poe told me to come and see you. He hanged his basket on his shoulder and also took his knife and we went along the seaside eastward to Vono where we went up to follow the foot parth. He spent a week with us until Sunday before returned home. I was also with him when on his returned. We followed Betiagela instead of following the seaside again. As we came down we arrived at Kereabosa. As we went along he told me to climb a beatle nut for him before we shall returned to the village. We came through the beatle nut plantation at Koikia That beatle nut plantation was belongs to him. He sat down waiting for me as I was climbing a beatle nut for him. I had climbed two beatle nut trees for him. When I came down he sat down and chewed beatle nut. As he chewed beatle nut he asked me. Did your father ever told you a story about this land? He said. I told him that he already told a story about it. That was at Koikia. I asked him and said, where was the piece of land that belongs to Botu which Poe told me? He siad, it was there and the boundary was Ngalivaivine. It goes south to Begose, Selena, and Copupuku. Who gave that piece of land to him, I asked. I gave that piped of land to him he said.

Thegeona also told me a story about this land. This land was Botu's land, he said. We were hunting and we killed one pig. This is Botu's land which Nanau had given to him. Thegeona said, we carried the pig through the bush and we arrived at Moliasi. This Moli tree was planted by Lau and it was represented the boundary, he said. At the west side of this land was belong to Launa and Nanau. Thegeona said, at the east part was belong to Botu which Nanau and Laurie cave it to him.

XXD BY PLAINTIFF

Q. Why did Launa told him all about those stories.

A. He told me just because we were telling stories.

Q. Which direction from where they were climbing beetle nut was Ngali raivine?

A. I didn't know but he just pointed at it.

Q. Who can give the through information about the ownership. Was it through anceastors of a different person?

A. I didn't know but during the time when he was with us at Kema Poe and himself was working together.

XXD BY COURT TO PLAINTIFF

Q. Who settled first at Betikiki before you arrived?

A. Kilalia and Tuanitila already settled at Betikiki before I arrived. Not only them but including others who I didn't know.

Q. Who were those you have against in previous court which appear in your claim?

A. They were (1) Gusa and Ono

(2) S. Ono

(3) J. Gusa

(4) Mostyn Tagabasoe

(5) Magistrate.

Q. Which land did you against Ono in court?

A. Other side of the river.

Q. Did you cut the spearline when Ono and you were arguing each other?

A. No, we didn't cut the spearline but we cut as far as sasapi.

Q. What time did you cut the spearline?

A. I cut the spearline when Tagabasoe and myself were arguing each other. Many of cut the spearline during that time.

Q. Who else did you give land to?

A. I gave that piece at Kaora and one piece at Vureturia.

Q. Were people already at Tasimboko before you came down?

A. There were nobody at Tasimboko when I came down.

Q. Did you by that land or was it anybody gave it to you?

A. I didn't know about that. My uncle didn't tell me any thing concerning anybody who gave me any piece of land.

Q. What was to you the oldman who planted that Moli tree?

A. I asked my uncle concerning that Moli tree but he said that it grew itself when Gels made a garden of taro on that place.

Q. Where else did your oldmen settled? Did they settled in one place or two places.

A. These were places known as Pao and other places. I already mentioned Betikiki where my people first arrived

Q. Were there any sacrificing pieces on those places of land which you have given to your brothers?

A. No, these were no sacrificing places on those pieces of land which I had given out. My sacrificing place were in different place.

XXD BY COURT TO DEFENDANT (SARAU)

Q. Who first settled at Betikiki before you arrived?

A. Marebo who was from Lathi line already settled at Betikiki before I arrived.

Q. Why did they burry the beating drum at Gaobata land and not at Unalesi in Nekama land?

A. Lau was getting married to Gaobata woman and because of that Lau to burry drum there instead of carried it around.

Q. How did Vangalavu made his garden at the area you dispute

A. I did not know about that but I think he got permission at first place before he made his garden there.

Q. What was the name of the place where the Eopoli was?

A. I cannot mentioned you the name but I only knew about the Eopoli.

Q. Where was Alu alu?

A. I did not know.

Q. Which place did Meana and you were separated. Betikiki or Thegeona?

A. We separated at Tetoua and not Betikiki or Thegeona.

Q. Who was at Selanigela who looked after the land?

A. While they were at Betikiki they used to go to work these places.

Q. What Generation was Kou?

A. I didn't know about Kou.

Q. Whose burial place was at Puru?

A. The burial place at Puru was belongs to Nekama line.

Q. Which places did the Nekama people settled. Can you tell the court?

A. They settled in two places Pao and Betikiki.

XXD BY COURT TO PLAINTIFF:

Q. Why did you give that piece of land known as Rube to Botu?

A. Botu did not allow Logotale to go away with his people. If he went he should returned again all the time. Therefore Botu asked my oldmen to give him a piece of land.

Q. Did you know who worked with Botu on the land?

A. My oldmen worked with Botu on the land.

Q. What did Botu see you about during the year 1966?

A. He wanted to get a pig from me inorder that he may made some food to help me in settling my problems.

Q. Where was Buabalo and where was Rubo?

A. Rubo was at northside at the bridge. Buabalo was at the south. They were both at the bank of the river or stream.

XXD BY COURT TO DEFENDANT (J. SIKUA)

Q. What did they do about this land before you own it?

A. According to my statement I mentioned that the land was mine. I knew that Vaesodo, Otu, Kokolu, Kake used to work on that land. Kilalia and Kana gave it to me.

Q. Were these oldmen showed you the boundary?

A. Botu showed me the place to work but at the other side he stopped it because it was belongs to Lathi line.

XXD BY DEFENDANT TO PLAINTIFF:

Q. What was Logotala to Nanau?

A. I am not related to Logotala but because Botu wanted to give a piece of land to him so they gave that piece of land at Rubo.

JUDGEMENT:

The Plaintiff claimed that both Defendants 1 and 2 were trespassing in his land which he had won in previous courts in which he against other Nekama lines. These previous cases were of cause stated in the claim. As the court had examined these previous cases both Defendants namely, Joel Sikua and Sarau can still be allowed to against John Nanau Plaintiff on the disputed land as they were not the member of the same family to those Nekama of whom John Nanau had against in previous cases. Therefore the court continued to hear this case and allow both Defendants to answer the Plaintiff's claim.

The Plaintiff produced his statement as to prove about his ownership on the land. Also he stated about his properties including his tabu places where his anceastors were burning sacrifices. The plaintiff disputed the first defendant that he was not the right person to own that piece of land. Mr. Sarau disagreed to this and that he claimed to be the first person to settle on that land.

Mr. Sarau first defendant stated about his oldmen who came down with a beating drum and that same beating drum was also heard in 1981 concerning Tiua land by which Harry vs. Toma. The same oldmen mentioned by Harry on Tiua land was also mentioned by Sarau in this court case.

Harry mentioned in previous case in 1981 that those oldmen were burried at Vathugi while Sarau in this land case mentioning that they were burried at Selanigela. Mr. Sarau also mentioned in his statement that his anceastors burnt sacrifice at Selanigela, Pori and Parikutulia. These places were of cause not in disputed area.

According to his Generlogical table of anceastors there is no proof that he should be the right owner of the land. The court found that Meana's group were proved to be the right owner of the land while Sarau is only known as a spokes man on behalf of him concerning Sopi land covering Sole land and west ward side of Barande river.

However if Meana wanted to lodge another claim against Mr. Sarau as clearly shown in his statement he may do so but this must be a separate case.

Concerning Rubo land whereby John Nanau against Joel Sikua was that Joe1 Sikua (second Defendant) only had a land right in gardenings but not as a land owner. The court therefore asked John Nanau to see Joel Sikua and have discussions between themselves concerning about that land.

According to the custom of the area unless few shell money including pigs to be paid to the landowner the land cannot be transferred. As it was already mentioned in court that Joel Sikua was only a spokes man, but Francis Bugotu landowner following an agreement made between Botu and Nanau and of cause witnessed by Joel Sikua himself and Baddeley Devesi.

Joel Sikua has not enough statement to prove his ownership on the land especially his geneological table of anceastors was not been produced to court for further assessment of evidence.

Before introducing his statement he was first of all confirmed to the court that he has no sacrificing places at all on the land. However, the court accepted that and proved that he was true. He produced a map of his boundary but the cpirt dosregarded tjat as it is to larger than the piece of land that has been given to his anceastors.

If any of the parties disagree to the court decision, should lodge his appeal to customary land appeal court.

THEREFORE - DECISION:

(1) Meana and Sarau were the owner of Sopi land and Sole land at the south part of Moliasi boundary.
(2) John Nanau own land at the northern part of the boundary including Ithu Ithu, Molikolu and further to the seaside
(3) Joel Sikua has only land right in gardenings but not as landowner. Francois Bugotu was the land over following an agreement made between Botu and John Nanau and was witnessed by Joel Sikua himself and Baddeley Devesi.
(4) John Nanau should withdraw money from FoxWood and devide it equally amongst both parties.