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Tanga v Akuila [1983] SBLC 5; Civil Case No 20 of 83 (17 November 1983)

BELLONA LOCAL COURT

NO. CIV. 20/83

The Court Members together with the Plaintiff John Tanga and Defendant Lydiah Akuila went to Baigau land that is disputed in this case and took the sketch mapping of the land on Tuesday 6.9.83.

This land case is heard today at Gongona Village Wednesday 7.9.83.

STATEMENT OF CLAIM:-

That John Tanga of Gotokanava claims as he complains that Lydiah Akuila of Matahenua has possessed his land called Baigau as hers.

The Court President then asked her if she is liable or not liable at the plea. Instead, the Defendant excused to the President that she would like to say something. She stood up and told the court members that she does not want this case to be heard by the Bellona Local Court as she terms them to be her enemies. The Court President explained to her that this land case has advised by the Chief Magistrate Central Tony Parker in his letter to the Clerk to be heard by the Bellona Local Court and not any other Local Court. The Defendant told the Court that she would not attend this case, so she walked away from Court. The Court is proceeded to hear the Plaintiff side from the absence of the Defendant.

PLAINTIFF SWORN STATES: John Tanga

I am coming to court today about the land called Baigau. Before I come to my story about Baigau, of how Matiu my father had given me that land, I would like to explain myself of how I became to be the son of Matiu. Matiu only got two daughters, Miriam Teageika and Lydiah the Defendant and I was adopted by Matiu as his son, so in our family we are three. Himan Haikiu is the son of Noah the real brother of Matiu and eventhough three of us became to be in one family, i.e. Himan Haikiu, Lydiah Akuila and me but we are from different lineage.

The reason why Matiu had adopted me as his son because this is a common practise to us the people of Bellona, and that is, if any father who does not have any son, he could ask any of his relatives to give him any son to adopt him.

My real father was Naeham. When I was born from my mother. Matiu came to where I was born at Hangekumi. Matiu asked those women who were with mum when she was to deliver from her pregnancy and he was told that a baby boy was born. Matiu came to where mum was and greeted her and the child who was me. Matiu had named me after his name to be Teikagongo and he also named my name John. When my father Naeham came home his wife told him that Natiu had named and claimed the baby born as his son. The next morning, Matiu and his wife Elizabeth came to where we were and after dad and Matiu greeted each other for given him (Natiu) the baby born as his son, Matiu then gave Naeham a mat and a bush knife when I grew up, our people in our village at Pebaegangi assembled to worship when Matiu took me by his arms to the pulpit and shown me to the people that I am his son. As I grew up, I was sick and my dad Naeham and his wife took care of me. Matiu was disappointed and when the people in the village assembled to worship, Matiu stood up and made his public announcement that he was not happy because Naeham and his wife took back their son John from me. Sometimes later the village of Matiu at Pebaengangi was moved to Gotokanava and at Gotokanava in one of their gathering in their church building, Matiu announced it again that he was totally disappointed because Naeham and his wife took back their son John. Matiu was interrupted by my father Naeham and told him that he did not take back John from him. Naeham told Natiu that I am still his son. Naeham told Natiu that even though John would not be like him, but he is your son.

After the service we were all out from the church building Matiu called me and he told me that he had nothing to possess except his land at Sa'aiho District. He told me that sa'aiho District was brushed by Taika and him and he (Matiu) had burnt down thirty (30) big trees (TAPA'AGO) in his District. Natiu told me that if I become a man I must be active and all my lands you would posses there. Whoever wanted to make gardening in them would get permission from me.

The next day inside our church service Matiu stood up and announced what he had told me. In his announcement he told every body that I would be their leader and whatever people in our village would like to do in related to the lands of Matiu, they would get permission from me, and John would not get permission from you people.

In 1958, a labourers were going to work at Yandina in the Russell Islands, I asked him and he allowed me to go with this labourer. It was then did I start to help Matiu and his wife Elizabeth and their daughters, Miriam Teageika and Lydiah, by means of clothing, knives, kerosen etc. I received a letter from Matiu and asked me to come home, so I came home and lived with him at his homestead. I arrived and shown him what goods I brought with me.

In 1961, there was a fight between two men called Hisan and Lucius and Lucius was killed. The police officers in Honiara came to take the accused and witnesses included Matiu. Matiu asked me to go with him so I went with him. Matiu purposelly meant me to accompany him because if he was in any trouble I would know what he might had to tell me.

I worked when we arrived in Honiara and gave all my assistance to Matiu. When he came back, I asked him that I would remain in Honiara to work and he accepted it. I sent him goods. Matiu used to write and asked me to come home. In 1963 I received a letter from Lydiah and asked me to send her some naps as she expected child to be born.

Even though the request of Lydiah was not good to our custom for a brother to pay such to his sister who is pregnant especially when the girl prostitutes herself and became pregnant which was in the case of Lydiah, dispute of that, I sent her what she had needed. Matiu wrote to me and told me that Lydiah got a baby boy and he had adopted the child to assist me when he grew up. I was in Honiara in 1964 when Stephen Kabei, son in-law of Matiu who married Miriam Teageika made his garden yam at Baigau land.

In 1965 Stephen Kabei harvested his garden and gave it for Matiu to make a feast. After the feast, Matiu asked Stephen Kabei to get the coconuts at Baigau and planted them at Baigau land for him.

Stephen told Matiu that he did not accept it because he (Matiu) had given his wife two lands. Stephen told Matiu that Baigau to remain as his land. Matiu said to Stephen, if that is so, I would have to wait from John to come home and plant coconuts here at Baigau to reach Henuakapo. Stephen and his wife Miriam Teageika and every body in our village knew that Baigau was given by Natiu to me. I was at Honiara at that time and Matiu used to write and asked me to come home. He used to send me some food. In 1966 I received his letter and pleaded at me to come home because he was very old and if its happened that I die, people would deny whatever you might say, that's what he said. I resigned and came home. Matiu greeted me when I arrived. I stayed with him in his house. I opened my box with goods I brought with me before Matiu. Four (4) of us were inside the house of Matiu when I opened my box. Matiu and his wife, Lydiah and myself. I gave many goods to Matiu.

While living with Matiu, he told me that Baigu land would be mind. Matiu told me the back ground history of the land. We all used to farm at Baigau when Matiu was alived.

Matiu told me at those time that he had seperated us as one family. Those would be Abaeata and family, Francis Taupongi, Lydiah and her son and you.

While living with Matiu at Gotokanava I built my house and Akuila who is my brother in-law who married Lydiah used to help me to build my house. At every time I worked at my homestead to plant my coconuts, Akuila would help me to plant my coconuts Matiu told me one day that I would take care of Gongona Land for his grand child Maugaika the son of Lydiah. Matiu told me that I would plant more coconuts at Gongona for his grand child Maugaika.

One day Akuila and his wife Lydiah were rowed and Matiu told them to go away. Matiu told Akuila to go away because Akuila damaged the pillows of Matiu and family in his house. When I was told that Matiu was chased out by Matiu, I followed Akuila. I arrived at him and told him so that we could go back. Akuila told me that Matiu had said to him to go out for good. After talking to him we went back and Akuila was accepted back by Matiu just for my sake and Akuila lived with Matiu till Matiu died.

At the beginning of 1967, Matiu told me to go with him to Baigau as he heard that Taupongi who shared his boundary to Matiu at Baigau intended to move inside Baigau. Himan Haikiu and Lydiah were in our village at that time but Matiu took me with him because he had given it for me. Matiu unrooted the coconuts of Taupongi when we arrived. I unrooted the garden potato that was at Baigau. Himan Haikiu came over too. When Taupongi came and saw all his coconuts unrooted by Matiu, he told Matiu that he was going to report him to the Headman called Tongaka.

An enquiry was taken between Taupongi, Matiu and Himan Haikiu. Taupongi complained that Himan Haikiu would like to kill him so he was in the enquiry. During that enquiry I was at Gotokanava. Some one told me that Matiu wanted me to come. Lydiah was at Gotokanava but Matiu called for m. On my arrival, Taupongi asked Matiu said, who owned Baigau from Himan Haikiu and John? Matiu looked at me and said, you talk. I said, Baigau land is of Matiu but he has given it for me and seeing that Matiu still alive, he still got his right ranning business etc on this land. My statement was not sound good to Matiu so Matiu was angried and said if not, this land would be of Himan Haikiu. I said to Matiu, what's wrong, Matiu said to me, your talking is not good. I told him that I am not as he thought. I said to Matiu, this land was yours but you had given it to me but otherwise you still got the right over it because you are still alived.

So Matiu went away. I followed him to Gotokanava Village. The next day Matiu was told that Himan Haikiu had given part of Baigau to Taupongi after the enquiry and Matiu went away.

Matiu went back to Baigau and said that Himan Haikiu could not do such a thing to Baigau. Matiu cut the coconut of Taupongi. After that happened, Baigau was still mind. In 1967 Matiu was sick and he told me he was not feeling so well.

At one Wednesday, we were working at when some one came to tell us that Matiu was died. We were crying over the dead body of Matiu and after wrapping the body, Himan Haikiu asked me where would Matiu be burried. I told him he would be burried at Kagua. Himan Haikiu approached Miriam Teageika at the same request and Miriam said John is the boss. Himan Haikiu did not ask Lydiah. When the dead body was burried I put my Tape Recorder and my hand watch to the hole where Matiu was burried as my last goodbye to him. After Matiu was burried, I cut down all the coconuts at Kangua to clear the area to the grave of Matiu. After that, I was appointed by Headman Tongaka to go to Honiara and bring the council tractor to Bellona. At that time, my relationship with Lydiah was very good. Lydiah did not claim any land from me. Before I left, I told Himan Haikiu to look after Baigau and Lydiah to lock after Kangua while I am away. There wasn't any tractor for Bellona when I arrived in Honiara so I found a job and worked. I used to send goods to Lydiah when I was in Honiara.

I wrote a letter to Lydiah and asked him to tell her husband Akuila to build my house at Bongona land. She wrote to me and said Gongona land is of Sauhonu. That was when our family started to break out. I wrote to Sauhonu about it and he replied my letter and said the land is his. I wrote to Lydiah and told her that I would come home sometimes, to settle this probelm. While I was in Honiara, I received two letters from Himan Haikiu and Lydiah Akuila.

In her letter to me, Lydiah complained that Himan Haikiu had unbarked my nut tree (Gemungi) at Baigau. Lydia told me in her letter that the nut got its fruit or bear fruits, so Elizabeth told me to get its fruits and made a fooding for you to send to Honiara but Himan Haikiu angried about it and unbarked it.

In the letter of Himan Haikiu, he told me that the nut (Gemungi) at Baigau got fruits. I was thinking of making a fooding for you but Lydiah took her firnes and spoilt them so I went and unbarked it. I got my unpaid leave from my boss so I came home to see Himan Haikiu and Lydiah. When I held this enquiry between Himan and. Lydiah everybody at Gotokanava attended to hear and also Sauhonu. In our enquiry, I told Sauhonu that Gongona was of Maugaika the son of Lydiah given by Matiu and he (Matiu) had asked me to keep it and plant some coconuts for Maugaika on the land, but if you like the land it would be good if we could split it.

Sauhonu disagreed and he went away. In our enquiry, after hearing Himan and Lydiah, I told Lydiah that Himan was right because he was the one whom I had told him to look after Baigau my land. I told them to shake hand as they did so I went back to Honiara on the same ship when I arrived back in Honiara and not very long, I received a letter from Himan to complain that Lydiah had allowed my young bananas at Kangua to the family of Sau Takiika to plant them at Gabenga. Himan was angried because his father Noah and Sau Takiika had disputed over Gabenga land. So Himan asked me to tell Lydiah to go out.

I wrote to Lydiah and told her that what she had done was not good.

Lydiah replied my letter and she was angried she said in her letter, her son Maugaika would not under my control. I replied her letter and said if you want to take back your son, you better take him and go with your husband Akuila to his District at Ghogau. She took her son and became members of the SDA church at Matahenua and lived with Sauhonu.

While Lydiah went away, the people in our village at Gotokanava asked me and made their gardens at Baigau.

In 1973, Sauhonu and I went to Court at Gongona land. Lydiah and Elizabeth were witnesses of Sauhonu. In court Sauhonu and Lydiah told that I had been rejected by Natiu as his son but Elizabeth denied the story. The outcome of the case was, I lost the case. I went back to Honiara and in 1974, I came home and worked at Baigau because its my land. After staying home for sometimes, I went back to Honiara. I was in Honiara and my wife came home in 1975 and worked in our gardens at Baigau. She planted her pandanus at Baigau and Lydiah went and damaged them. That was the year Lydiah entered Baigau. I came home and planted my coconuts at Baigau.

Lydiah came along and we were rowed. She told me that she has reported the land because its of her and her son.

Lydiah however, refused over case to be heard by Haniel who was the Court President of the Bellona Local Court at that time and he is also the brother of Himan Haikiu. Lydiah said Haniel would favour me to win our case. At that time, I went back to Honiara. Not very long I heard that Haniel and his court parties were dismissed and replaced by a new court parties. I received a letter from Himan and asked that Lydiah would like him to go to court about Baigau. I wrote to Himan and told him that I did not like. Himan wrote back to me and said its alright. Later, I received a letter from my brother Abidan and told me that Lydiah and Himan went to the Bellona Local Court over Baigau land and won by Himan but Lydiah appealed the decision to the Customary Land Appeal Court.

I wrote my letter to the District Magistrate Central to complain that Himan and Lydiah cased in the Bellona Local Court at Baigau Land which is mind.

When the District Magistrate Central, Franklyn Pitakaka came with the members of the Customary Land Appeal Court I came with them.

Before the appeal of Lydiah was heard by the Customary Land Appeal Court, Himan and I had our case first by the Magistrate Franklyn Pitakaka and I won our case after Miriam Teageika was my witness and told in court that Baigau was given by Matiu to me. I was the Respondent in the Customary Land Appeal Court against Lydiah in her appeal. The case was not completed and we went back.

The Magistrate, Franklyn Pitakaka left his post and a new Magistrate Phillip D Smiley took his place. He found our case that was incompleted and said that the procedure was wrong and adviced me to wait until who ever from Himan and Lydiah won their case in the appeal of Lydiah, I will take the winner to the Bellona Local Court, and this is what exactly I am doing now I am taking Lydiah to court after she has won from Himan.

This is how far I could tell about Baigau land but I would like to touch on some minor matters between me and Lydiah in our family.

Lydiah produced in court when they were cased over Baigau land, a book which she claimed to be written by Matiu. The court found the writings were not of Matiu.

Inside the book, Lydiah listed the lands claimed to be given by Matiu to her. The book as I have said was proved to be written by Lydiah and not by Matiu. Lydiah also claimed that Matiu had a feast of bananas and after inviting the people of Bellona to attend his feast, he raised the union Jack Flag at that occasion and declared that Baigau land was given to her son. This is not true. That feast was held in 1953 but the son of Lydiah was born in 1963.

In that feast referred Matiu was angried at his brother Noah, so he made that feast and invited few friends to attend and to declared unto them that the whole of sa'aiho District he would give them to his son in-law Stephen Kabei so that Bellona would be all known to be of the Kaitu'u tribe and not the Taupongi tribe. (Kaitu'u & Taupongi were the founder of the two remaining tribes that still exist today at Bellona)

According to the plan of Matiu to us as a family, he had greeted her first daughter Miriam Teageika when she married Stephen Kabei and said goodbye to her by given her two lands at Gotokanava and Pebaegangi and we as a family know that. Lydiah and her son Temaugaika, he had given them to me to be under my care and control so that we would stay together after Miriam went away.

Lydiah also claimed that I was rejected by Matiu as his son and for this reason I lost my case against Sauhonu over Gongona land when the Court granted what Lydiah said in their decision. I took Lydiah to the Bellona Local Court in a Civil Case and she was found liable to tell that untrue story against me. Stephen Kabei was my witness and the Bellona Local Court found that Lydiah was liable because she only formed this untrue story.

Lydiah through some bad feelings towards me claimed that Baigau is her land, but our family know it so well that Baigau land is mind given by my dad Matiu. This is the end of my statement.

JOHN TANGA

XX'N BY THE COURT MEMBERS
Q . You have stated that Lydiah and her son were given by Matiu to be under your care, did you know of any land own by Matiu to Lydiah to keep it for her son Maungaika?
A. No, Matiu had said Gongona would be of Maugaika and I would to keep it for him but not Lydiah.

Q. Did Lydiah love you when Matiu was still alived?
A. Yes, she was.

Q. Who is actually want to over rule your family, you or Lydiah?
A. Lydiah wants to dominate our family.

Q. Baigau land is quite a big land, didn't Matiu divide the land from you all?
A. No. Matiu gave it all for me and Henuakapo.

Q. Did Matiu change the boundary made by Himan when he gave part of Baigau to Taupongi?
A. The boundary was planted after Matiu died.

Q. Why didn't you disturb Taupongi when he planted his coconuts in the boundary?
A. I was in Honiara at that time Taupongi planted his coconuts.

Q. Why did you agree at Himan and not at Lydiah when you received their letters of complain?
A. Their complains were about a nut tree at Baigau, and it was Himan I asked him to look after my land Baigau when I went to Honiara.

Q. Did Lydiah angry at you when you told Himan to look after Baigau?
A. No, She didn't.

Q. Did you know of any land given by Matiu to Lydiah when she married Akuila?
A. No, he didn't give any land as far as I know.

Q. Did Lydiah know that Matiu had separated you, Francise, Abaeata and family and Lydiah and her son to be of one family?
A. Of course she does.

Q. What do you mean when Matiu had separated you people?
A. Matiu wanted us to be independent from other tribes in our District.

Q. What would be your HeadQuarter then?
A. Our Headquarter would be at Kangua.

Q. We understand that Miriam the first born daughter of Matiu will be your witness, why did Miriam want to witness, she is annoyed at her sister Lydiah or did she want to tell the truth?
A. She does not angry at Lydiah, she wants to tell the truth that Baigau land was given to me by Matiu.

Q. You have mentioned that when the Headman Tongaka held the enquiry between Taupongi, Matiu and Himan, Matiu was angried at you and said, this land be of Himan, what is your understanding to the statement of Matiu?
A. He was only angried.

Q. Can you explain when Matiu said Maugaika would be yours?
A. Matiu told me I would take care of him and live with me, but his land Matiu had asked me to look after is Gongona land

Q. Did Lydiah angry at you when you held your enquary between her and Himan and you told her in the enquary that Himan was true?
A. No, she didn't.

N.F.Q.

This case is adjourned until tomorrow, Thursday 8/9/83 at 9 o'clock am. The witnesses of John are called to attend in Court tomorrow, Miriam, Abaeata and Abiden to give their statements.

EDDIE MUNA
7.9.83

This case continue today, Thursday 8/9/83.

P.W. 1 - MIRIAM TEAGEIKA SWORN STATES

This land case is a case between John Tanga and Lydiah. Actually we are one in family. When this problem came to John Tanga and Lydiah about this land case, I had asked both of them to settle it in our family but Lydiah refused.

Now I would like to tell a brief history about our family. Lydiah and I are real daughters of our father Matiu. I am the first born and Lydiah the last born. We have no brother. Naeham got a son from John Tanga and he gave the son to Matiu my father as his son. John was named by my dad Matiu to be John. So Lydiah, John and I became one in our family. Our father loved all of us and we lived happily with dad and mum.

When we grow up, three of us loved each other. As I had said that we as a family had loved each other. We lived with our father until our dad died.

We took his body and buried it at Kagua. John Tanga had buried his tape Recorder and his wrist watch to the grave of our dad Matiu. After that, it was John who cut down all the coconuts at Kagua to clear up for the grave of Matiu. After that, John went to Honiara and. Lydiah and I left behind. There wasn't anything wrong with us and John.

In 1968 Lydiah and John started to dispute in that land until today. Now I would like to talk about Baigau land. My husband Stephen Kabei and I used to make our gardens at Baigau believing and knowing it was owned by my dad Matiu. At one time, my husband made his garden yam at Baigau and after harvesting the garden, he gave all the yams in the garden to Matiu to make a feast. At that time Matiu said Baigau land would be mind and my son. As time went by, my husband also made his garden of yam at Baigau and he also gave that garden to Matiu and made a feast. After the feast, and on the next day, My husband and I went to Baigau to get some food. Matiu came there and saw us. He asked my husband to get the coconuts he had gathered and plant them here at Baigau for your son included Henuakapo area. My husband said to him, I would not accept your offer because you had already given two lands namely Pebaigangi and Gotokanava to my son and let it be that Baigau land your land. Then Matiu said to my husband, seeing that you did not accept this land (Baigau land) to be yours and your son, I would have to wait for John to come home from Honiara and plant his coconuts here at Baigau as his land. This is how dad had given Baigau land to John. After dad died, we were making our gardens at Baigau and believed Baigau land is the land of John given by Matiu and when we used Baigau land, we used it knowing it's of John Tanga.

MIRIAM TEAGEIKA.

XX'N BY THE COURT MEMBERS
Q. I understand that you are the first born daughter of Matiu and you know that Baigau land was given by Matiu to John Tanga, did Lydiah your younder sister know that Baigau land was given by Matiu to John as his land?
A. Yes, she knows it but she is only angried at John and denies it.

Q. Did you ever know that Baigau land was also given by Matiu to Lydiah after he had first given it for John?
A. I did not hear from my dad Matiu to give Baigau land to Lydiah and any body etc.

Q. In your statement, you have said that Matiu had given Baigau land to your husband and his son but your husband refused the offer and Matiu said, it would be of John Tanga, did Maungaika the son of Lydiah was already born at those times or not?
A. He was already born but Maugaika was given by dad to be under at John.

Q. I know that you are the first daughter of Matiu and You should have been very important to your dad, did Matiu give you any book to list all his lands he had given them to you all?
A. I only heard from Matiu about the lands he had given out to others but he did not give or have any book to list all his lands he had given them to others.

Q. Did Lydiah use to make her gardens at Baigau land after the death of Matiu believing and knowing it was of John?
A. Yes, Lydiah and her husband Akuila made their gardens at Baigau land after the death of Matiu, knowing the land as of John.

Q. Do you know of any land given by your dad Matiu to Lydiah and her husband Akuila?
A. No, what I know from my dad Matiu that Lydiah and her son Maungaika were to be looked after by John and it will be John to give them any land.

Q. You have said in your statement that you had been asked Lydiah and John to settle this land dispute by your family rather than going to court about it, why do you want Lydiah and John to settle this case by themselves?
A. The reason why I want them to settle this case between them, because I know that John got only one son, and if Lydiah agrees to come back to John according to what our dad Matiu had said and Maugaika to come back to John, when he (John) gets old, his son and Maugaika will divide all the lands of John given by Matiu.

N.F.Q.

P.W.2 - ABAEATA TAGOSIA SWORN STATES:

I am coming to this case as a witness of John. I am pretty know and sure that Baigau land was given by Matiu to John. My father was died when I was only a little boy so Matiu took me and cared and adopted me. Matiu taught me many things and he had told it to the people of Gotokanava Village. When John was born, Matiu asked the child for his son. He named him to be Teikagongo and John. Matiu was so happy that Naeham gave him the child. Matiu gave a mat and a knife to Naeham.

As John was about six months old, Matiu publicly shown him to all the people at Gotokanava that John was his son. John was sick and Naeham and his wife took the child and nursed him. After John got better, Naeham still keep him. Matiu was disappointed believing that John was taken back by Naeham but Naeham told him John is still his son. As Matiu and John lived together, they were very happy.

During those times I went to Honiara but came home after sometimes. I stayed at Bellona for sometimes and then I prepared to go back to Honiara after I asked him. Before I left Matiu told me that he had separated us to be of one family, they were John, Lydiah and her son, Francise Taupongi and my family. Matiu said to me that we would be helping each other. Matiu told me Lydiah and her son would be of John. I asked Matiu said, what lands did you give for John, he said, Gotomoana, Tingoa, Ubea, Baigau, Tehiuga, Sa'aiho, Kangua, Tokabangu, Henuatai etc. I went to Honiara in 1967 and not long I heard that Matiu died. I came home to see my releatives when I was here at Bellona, Lydiah and John were in good term in their relationship. I went back to Honiara and John was in Honiara at that time. John heard that Himan and Lydiah disputed over Baigau land, so John came home and made his enquiry between Himan and Lydiah. John settled the matter and went back to Honiara. The land is of John given by Matiu and we as a family know it included Lydiah but its only through influence of someone that Lydiah wants to go against John.

A. TAGOSIA

XXIN BY THE COURT MEMBERS
Q. Do you know that John was adopted by Matiu as his son?
A. Yes, he was.

Q. Do you know that Baigau land was given to John by Matiu?
A. Yes, he did.

Q. Whom did John live with when Matiu was still alived?
A. He lived with Matiu and wife.

Q. Did Lydiah give honour and respect to John whom Matiu was still alived?
A. Yes, she did.

Q. Did Matiu give any land to Lydiah?
A. No. Matiu said that Lydiah and her son would be cared by John.

Q. After the death of Matiu and Baigau land was used for farming etc, who owned it at that time?
A. It was owned since then by John.

Q. Did Matiu talk to your group like Francise, Lydiah, John and you at one occasion?
A. No.

Q. Didn't Lydiah know that Baigau land was given to John?
A. Yes she did.

Q. Did Matiu give you any book to list all his lands given to others?
A. No.

Q. Didn't you know because Lydiah claims Matiu had given her lands mentioned in a book claimed to be given by Matiu to her?
A. The book is written by Lydiah but not Matiu.

Q. Did Lydiah angry when people were making their gardens at Baigau after the death of Matiu?
A. Lydiah knows it to be of John.

Q. Was Maugaika the son of Lydiah born when John went back to Matiu
A. Yes, he was.

N.F.Q.

P.W. 3 - ABIDAN TESAUKIU SWORN STATES:

I am coming to this case as a witness of John Tarua. When Baigau land was given to John by Matiu, I actually heard it from Matiu and I was not only told. I know that Matiu got two daughters Miriam and Lydiah, but he had no son. When John was born Matiu named the child as his son. Matiu named him to be John. Matiu told everybody that John is his son. As John grew up, he was sick and my dad Naeham and his wife nursed him and when John got well he stayed with Naeham and his wife. Matiu was displeased that John did not live with him. Naeham told Matiu that John was his son. Matiu and his wife and his two daughters lived happily with John.

As times went by, we all happy to be with Matiu and family at his village at Gotokanava. One day at Gotokanava Matiu told me and my dad that Baigau land is of John and Kangua. This is what I know about Baigau land that Matiu had given and all of us at Gotokanava village know that this land is given by Matiu to his son John. No body disturbed John until Matiu died. After Matiu died, Elizabeth the wife of Matiu told me to go and climbed the nut tree (Gemungi) at Baigau and get its fruit to make a fooding to send it for John who was in Honiara. I went to Baigau land and saw that some one had put signs to that nut tree. I knew it to be Himan Haikiu, I went to Elizabeth and told her. She was not pleased. Lydiah was also there and Lydiah said, probably John had allowed it to Himan. Elizabeth said, the land is of John but if he went away we would look after that land. Lydiah took her friends and climbed that nut. Himan got angried and went and cut the nut tree so they rowed. I used to hear Lydiah while urgueing with Himan that Baigau land is of John. Himan and Lydiah wrote and complained to John. John cane home and held an enquiry between Himan and Lydiah. After the enquiry, John told them to shake hand as they did. In the enquiry John told them that Baigau land had given to be cared by Himan Haikiu. Before John left, he told me to make any garden at Baigau land if I want. As times went by John and Lydiah disputed the land. Miriam and I used to make our gardens at Baigau because John had allowed me to use that land knowing its of John. Even Himan knew it was of John as he told us. John came home and used Baigau land, and this was in 1975. When John went back to Honiara and his wife came in 1975 and made her gardens at Baigau, Lydiah was angired about the land and rowed with the wife of John. That was the year Lydiah started to claim that Baigau land is her land, but long before that year, all of us knew included Lydiah came to claim Baigau land after Matiu died but before Matiu died, every body knew that Baigau land is of John. This is the end of my statement.

ABIDANT.

XX'N BY THE COURT MEMBERS
Q. Did you ask anybody before making your gardens at Baigau?
A. No, because John had permitted me not to ask anybody.

Q. Did Lydiah love her brother John when Matiu was still alived?
A. Yes, she did.

Q. Did Lydiah make her gardens at Baigau after death of Matiu at the time you were brushing your garden?
A. No, she didn't

Q. Which event that happened first, when Matiu told you and your dad that Baigau land is of John or when Stephen made his garden yam at Baigau land?
A. The garden yam of Stephen at Baigau was first.

N.F.Q.

Plaintiff Side Ends. This case is adjourned to decide on Monday 12.9.83 at 9 o'clock.

EDDIE MUNA
8/9/83.

NOTE: The Court Members meet today Monday 12/9/83 to decide this case but due to my letter to the Magistrate Central, B.E. Rakafia explained, as he required why Lydiah Akuila refused to attend this case is now postponed the date of decision until a reply is received.

EDDIE MUNA
12/9/83.

The Court Parties meet today, Thursday 10/11/83 to decide this case.

(a) It was the Bellona Local Court in 1978 who had heard her case against Himan Haikiu on the same land (Baigau land) and lost the case

(b) The Clerk to Court is related to John Tanga.

The Court could not grant the objection by Lydiah because the Chief Magistrate Central in his letter of 21st July 1983 ordered that this case of John and Lydiah is to be heard by the Bellona Local Court and not a different Local Court, this case is not between Himan Haikiu and Lydiah Akuila but John Tanga and Lydiah who is totally a new comer to this case and the Court Clerk is not involved in Court's decision.

A differently constituted local court to hear the claim suggested by the Magistrate is only his point of view but the proper procedure in Civil Case for any defendant who failed to attend in Court, has been followed by the Bellona Local Court in regard to this case.

Now the Court meet today 10.11.83 to decide this case.

JUDGMENT

Looking through and discussed at the evidence of John Tanga and his witnesses, the Court is convinced to believed that this land (Baigau) was given of John Tanga by Matiu. The Court takes it into account especially the evidence of Miriam Teageika (P/W 1) because she is the real daughter of Matiu and the real sister of Lydiah yet, she agreed that the land is of John given by her father and not of Lydiah.

The following points below show that Baigau land is of John Tanga.

1. The P.W. 1 Miriam Teageika is the real sister of Lydiah. Their father was Matiu. Despite of their closely relationship as sisters, Miriam Teageika agreed that Baigau land was given by Matiu their father to John Tanga his adopted son and not to Lydiah.

2. The ownership of Baigau land has been claimed by Himan Haikiu, Lydiah and John Tanga. The father of Himan Haikiu and Matiu were reel brothers. Lydiah and Miriam are the real daughters of Matiu. John Tanga was adopted by Matin as his son. The father of John Tanga and Matin were cousin brothers. Looking at the relationship of these people, the court found that they are one family. At the present there is no ill feelings and differences from Miriam Teageika to Himan, John and especially at her real sister Lydiah, and the fact that Miriam Teageika served as a witness of John in this case and agreed that Baigau land was given by Matin to John, justified to the court that John is the rightful owner of Baigau.

3. Customary, if a child is adopted by a person or parents etc, the child has totally become his son or daughter and he (son) got all the right to own anything given by his father just like any real son of the father in his family. This is a common practise at Bellona and this is exactly applied in the case of John Tanga. John was adopted by Matiu as his son, and Miriam Teageika stated that her father loved John so much just like his two daughters (Miriam and Lydiah) As a matter of fact, John was named by Matiu to be John at his birth, and asked to be his son.

At the time the order was given, both John and Lydiah attended in court and heard the order given. This order was recorded in civil case no. 19/83 minute.

Lydiah refused to obey this order by further making her garden in that land and seeing that Lydiah made her garden at Baigau land after she was ordered not to do such on that land, the Bellona Local Court orders her (Lydiah) to remove her crops on the 17.11.83. If she does not remove the, the Area Constable will go and remove them and store them properly so that Lydiah would get them.

Both John Tanga and Lydiah Akuila are notified in letters to attend in court on Thursday 17.11.83 to hear the decision of this case.

The court parties meet today, 17.11.83 to announce the decision of this land case.

John Tanga and Lydiah Akuila attend in court today to hear the decision of their case.

JOHN TAY
Court President

EDDIE MUNAH
Court Clerk