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Taika v Huaigupe - re Henua'asa Land [1984] SBLC 1; CW 2 of 84 (8 February 1984)

BELLONA LOCAL COURT

Held at Gongona Village on 8.2.84.

No: CW 2/84

STATEMENT OF CLAIM:

Moah Taika of Gongona claimed that Topue Huaigupe has taken his land Henua'asa as his land.

PLEA: Not liable.

FACTS: Plaintiff sworn states:

I have reported Topue about that piece of land named above because the piece of land is mind. Actually Topue and I are of the same tribe and family and concerning that piece of land, it was not the land where our family came to own through our tribe.

The area was used as a toilet area and a place where they used to throw all rotten snakes etc to it until a man named Osoeha one of my grand fathers did brush it for the first time and made his garden banana.

After Osoeha harvested his garden, the area was left and no body makes any garden in that piece of land. After one of the cyclone known OSOEHA CYCLONE, my garden father again made his garden in that piece of land.

Historically, there was a group of people who were carrying some of their victims to go to Tengua District and as they approached the area disputed they saw an army of the people of Tekungangoto, so they went up at Utumaua near the disputed area. They made their way passing the garden of Osoeha and went away. That had caused a curse to the crops of the garden to be bad.

There was a type of pana there known MANAUBI, that was planted by Osoeha. The area was there until Osoeha died and thus Taukiu the father of Topue looked after it. When Osoeha died, Taukiu looked after all the lands for his sons because when Kaitu'u the father of Taukiu died, it was Osoeha who had looking after the lands of Kaitu'u for the sons of Kaitu'u. So in the same manner, because they were of the same tribe and family Taukiu looked after the lands of Osoeha included the area disputed for the sons of Osoeha. When Taukiu looked after that area, he got sympathy over Matanga'a his cousin sister being the daughter of Noa'abe the brother of Kaitu'u of Taukiu. So Taukiu gave part of that area disputed to be included to the homestead of Matanga'a which shares the same boundary to Henua'aso land.

This had caused bad feelings to the sons of Osoeha who were Kaipua, Hosea, Mangie and Maitaki my father because the land was their land. Dispite of that these brothers intended just to leave it that way and this would also help to cool the hatred between them because before this happened, Taukiu was speared by Hosea at MT. Namaunga and also these brothers felt sorry because Matanga'a was their cousin sister.

After some years Taukiu died and the sons of Osoeha claimed back this area as their land. That was not the only land claimed by the sons of Osoeha. There were many because when they were small boys Taukiu looked after their lands but seeing they became mature, they now got lands after Taukiu died.

By now the sons of Osoeha looked ater the lands of the Taukiu for his sons who were still small boys. Hosea had looked after the area of lands at Tangakintonga, Mangie had looked after Balukangau and Kanava and my father Maitaki had looked after Teakau land thise arears mentioned aboved were looked after by the sons of Osoeha for Andrew the son of Taukiu. Topue, the Defendant is the son of Taukiu. Utumaua and Ogongima were given to Kaitu'u one of the sons of Taukiu.

No one in the sons of Osoeha had looked after these lands because the mother of Kaitu'u and Topue the Defendant who was Kaniko lived on that area of land.

Kaitu'u owned these two lands mentioned but Topue the Defendant and his brothers Kaipua, Akuila and Tino they were not given any land to own by their father. Taukiu Topue claims that Henua'aso is his land but it was his land his mother Kaniko had looked after it but she didn't.

Taukiu had married two wives Kaniko and Tesomo. He loved Tesomo more than Kaniko and this led him to love Andrew and his brothers more than Topue and his brothers the sons of Kaniko. This can be proved by the fact that all his land (Taukiu) were owned by Andrew but Kaitu'u owned only two piece lands because he was his first son from his wife Kaniko.

As I stated that Mangie had looked after Balukangau and Kanava for Andrew and Maitau my father looked after Teakai for Andrew. By those times refers, christianity arrived at Bellona and it happened that Andrew became a church member of the S.S.E.C. and Mangie and my father became a member of S.D.A.

My father wrote to Andrew and asked him to come to the S.D.A. church so that he would give him his lands that he had looked after but Andrew refused so my father gave Teakau land to Topue the plaintiff and Mangie gave Balukangau to Kaipua the brother of Topue Kanava was not given by Mangie to any body. After Mangie died, Kanava land was claimed by Andrew and we believe the land is of Andrew and he is right if he claims it.

This case is adjourned until tomorrow 9.2.84 at 9:20 am.

This case continues today 9.2.84.

Henua'aso was not given to Topue and his brothers because it was not theirs so my father owned it.

As times went by Maitaki my father built his church building at his homestead at Kangibi. Kaniko and her sons became church members to the church building of my father so he said to Kaniko, you go and cleared up the bush at Henua'aso and plant some coconuts in that land for your son Topue. So Kaniko with her sons went and started to build their home at Henua'aso. The garden in the area was of Tekiupua and it was my father who allowed him. At the same time Mangie came to Kaniko and told her to go and plant some coconuts for her next son Tino at the western end of Henua'aso.

Kaniko was really happy at what Mangie and my father did at her and her sons. It was thus did Topue and his brothers owned lands from my father.

The only one from the sons of Kaniko who had no land is Akuila. As years went by our relationship as a family was good but later my father in 1958 was paralized by polio and when that happened, Topue and his brothers intended to take one of our piece of lands called Kangibi, Teutua.

My father was at Moana by that time when he heard that he crawled all the way Kangibi to see his lands that Topue and his brothers wanted to take on his arrival he was urged with Kaipua the elder brother of Topue who wanted to take the lands of my father. My father spent 3 nights in the area. Not very long after that, Akuila the brother of Topue cut down all the coconuts of my father. Topue and his brothers did mistreated my father because he was attacked by polio. My father was taken to the central hospital for medical care. My mother went and brushed my land called Kangava and Topue and his wife appeared at her one Friday and urgued at my mother and assaulted her.

My mother was cannying when she arrived home. She wrote to my father who was at the central hospital and told him what had happened. When my father received the letter of my mother he was crying with down hearted.

My father wrote to Topue and told him that because you were mistreated me and my family the lands or my lands I had given you were taken back. My father also told him in his letter that he would serve as a witness for Andrew in his land case against Topue. My father arrived home and when the land case of Andrew and Topue was heard in court, Andrew called my father as his witness so my father accepted it and attended in court as a witness of Andrew. My mother didnot want my father to serve as a witness in that case but my father told her that he must fulfilled what he did tell Topue in his letter that he would be the witness of Andrew.

The case was held and Andrew won that land case from Topue. In 1971 when I came home from Hiniara my father told me about his lands he took back from Topue now taken back because he mistreated him. I remembered what he had told me. When I went to Honiara in 1975 he told me to get some money so that he could claim all his lands he had given to Topue in court.

I was in Honiara that year when I heard the sad news that my father died. When I came back from Honiara, I heard that Topue attended the funeral of my father and he even came to me on my arrival and cried at me. Then I said to myself I would forgive what I planned to do to Topue by claiming our lands from him.

Not very long after that Topue went and brushed the fallow garde: that my father did give. I was crying when seeing it because to our custom when a person acts in such manner not long after some one dies, he is happy that the one he hurts died and this is exactly happened at Topue.

I told it to my mother but my mother was not wanted me to do any more trouble. I went down to Mangokuna at the seaside to find that Topue also planted his coconuts there after my father died. When I found out that Topue was happy at the death of my father, so I unrooted his coconuts.

I was thinking of a claiming to Court about our lands taken by Topue but sometimes I thought not to.

When I was in Honiara I heard that he reported me from my land at Kangibi so I reported to court that he has taken my land called Henuavaso. I am now begin to claim to court about my lands that Topue did take.

I think that's all I wish to say.

(MOAH TAIKA)

This case is adjourned until tomorrow 10.2.84 at 9 o'clock.

EDDIE MUNA
9.2.84

This case continues today, 10.2.84.

XX'N BY DEFENDANT

Q. Are you and I got one grandfather and one father?

A. We got different grand father and different father even though we are of the same tribe

Q. Do we then owned each respective lands seeing we got different father and different grand father?

A. Yes we do and I am reporting you from the land of my grandfather Osoeha but not of your grandfather Kaitu'u.

Q. Who gave that piece of land to your grandfather Osoeha?

A. Osoeha first to brush it because it was only a toilet area of the people living in that area.

Q. If you say that it was Osoeha your grand father who first brushed it, where was Kaitu'u my grandfather then?

A. Your grandfather Kaitu'u was at that time but he did not do anything or say anything inregard to the area brushed by Osoeha because the area was a toilet area.

Q. Did Osoeha brush that area as his or was it of his brother Kaitu'u?

A. As I said the area was a toilet area and a public toilet where no body owns it, until Osoeha brushed it for the first time and claimed it as his.

Q. I understand that you got your brother from Hoki who owns his land at Kangibi and you own your land at Singaia. At several times you built your houses at Kangibi and Hoki built his at yours at Singaia, didn't you know because this was exactly what happened to the land disputed between Kaitu'u and his brother Osoeha, that even though, Osoeha did farm in that area but it was of Kaitu'u?

A. Yes, Kaitu'u used to brush all in their lands but he told his brothers the lands he owned and the lands of his brother Osoeha and inregard to the area dispute, it was of Osoeha and not of Kaitu'uo

Q. You mentioned that it was Osoeha who first brushed it, didn't you know because it was Bangakaunga the father of Kaitu'u and Osoeha who first brushed it?

A. According to the history of Tekungangoto people, the area was first brushed by Osoeha and his father Bangakaunga gave hand at his works.

Q. When some one has brushed an area of land, did he do it only at his real land or did he brush at any land of any different people?

A. Yes that can be, but inregard to the area of land dispute that Osoeha did brush, he did it not because the land was owned by any body else or Kaitu'u, but he brushed it because it was his and he was the first person ever to brush that area.

Q. Did your grandfather Osoeha brush the area as his real land or did he keep it for Taukiu my father who was the son of Kaitu'u?

A. According to our custom who ever a person first to brush a toilet area the area is to be his. So when Osoeha first to brush that area, it was his land but not of Taukiu your father.

Q. You mentioned at several times that it was Osoeha who first brushed it, what is important about our area of land, the one who owns the land or the one who first brushed it?

A. The person who first brushed it is the rightful own of that area and so with Osoeha who first brushed it and owned it.

Q. Didn't you know because the area was brushed by the tribe of Tongo and then to Bangakanunga and his son Kaitu'u?

A. You are only do guessing that the area was brushed before, but to our history it was Osoeha who first brushed it.

Q. You are based in your evidence that Osoeha your grandfather did brush that area for the first time and owned it as his, is that the only land of us that was taken by your grandfather Kaitu'u?

A. Yes Osoeha did brush and farm at the lands of Kaitu'u like Tangakitonga, Utumaua etc, but they were not taken by Osoeha. Those lands were given back to Kaitu'u and his family but the area dispute was first brushed by Osoeha and owned it as his land.

Q. Who gave back those lands and to whom did he gave them to

A. The lands were of Kaitu'u but when he died Osoeha looked after them and when Taukiu grew up Osoeha handed those lands to him.

Q. You mentioned that one of the sign your grandfather, Osoeha did in that area was a wild pana called, "Manaubi" didn't you know because your grandfather purposelly mean to spoil our lands with that wild pana included that land?

A. That's not true, that was the main food in those days refer and for that reason Osoeha planted it. Even our Headquarter at Teabamangu Osoeha did plant it with that wild pana mentioned in your question and in my statement.

Q. The area you reported is just below our two lands at Utumaua and Ungungai but where is your land in that area?

A. Those lands were of the upper part of the land dispute but that area disputed was and is the area of the public where nobody owned until my grandfather Osoeha brushed it and owned it.

Q. You stated that the area was a toilet area, what area of lands or what homestead did they use the area as their toilet?

A. It was a public toilet but not of a specify homestead.

Q. You mentioned time after time that the area was of your grandfather Osoeha, whom did Osoeha give that land to from his sons?

A. The area was given to Kaipua and when he was killed by his brother Hosea, my father Maitaki who was the 3rd son of Osoeha owned it.

Q. Was it true Taukiu had looked after the lands of Osoeha for his sons?

A. Yes he did.

Q. If that is so, why did your father look after our lands and finally he took them all?

A. My father did not take any of your lands. All the lands of your father and that looked after by my father and his brothers were given back.

Q. Who allowed the main entrance of the homestead of Matanga'a to go through the area and reached the main road, your father or my father?

A. It was your father but by that time he was the one who responsible over our family and when my father and his brothers grew up they got that area because it was their father Osoeha who owned it.

Q. I know that Taukiu had allowed the main entrance of the homestead of his cousin sister, Matanga'a to go through the area disputed and also I know that these brothers were onace urgued at Mt. Namaunga and Taukiu was speared by Josea, which was first to be happened?

A. The incident at Mt. Namaunga happened first.

Q. You believe that the area was of Osoeha and then to his four (4) sons, why then did Taukiu look after it seeing he was only one?

A. Even though he was one but he was highly respected in their family, other wise this would happen to us. If ever we were in good relationship and seeing that you were our first cousin, brother in our family we would give respect to you even though we are more than you, and this was exactly in the case of Taukiu and the sons of Osoeha.

Q. Did Tekiupau ask your father to farm in that area, did he as him because it was of your father or was it because your father looked after it for the sons of Taukiu?

A. Tekiupau knew it to be of my father and for this reason he asked him.

Q. Didn't you know because your father came to my mother and through their agreement your father granted the request of Tekiupau?

A. You are liar. Tekiupau asked to my father and not your mother.

Q. If you say that I am liar, who were at that time you or me?

A. You but what I had said, told by my father to me.

Q. Why did you deny all my stories?

A. Because when Tekiupau harvested his garden, he made the payment to my father but not your mother.

Q. Did our family have any share in that garden when harvesting?

A. My father did tell me that the payment was made to him.

Q. Did your father give me that land as you said in your statement, who told you that?

A. My father and mother told me.

Q. Did anybody else know that your father did give me that area?

A. The one who told me who was my father did tell me and his brother Hosea.

Q. Didn't you know because Hosea told me your father did not own that area?

A. I don't believe that Hosea the real brother of my father did tell you that.

Q. Did your father take that land away from us and you claim it?

A. The land was owned by our family and not your family.

Q. Do you know of any disputing between Kaipua and Taukiu in the area?

A. No.

Q. Why didn't your father brush the area during heathenism if you say the land was his?

A. My father did farm in other places.

N.F.Q.

XX'N BY THE COURT MEMBERS

Q. Who took away Henua'aso from your father?

A. He gave it to Topue but because Topue mistreated him, he took it back.

Q. According to what you stated, your family used to look after the lands of others and later they were given back. Was there any disputing occured in your family when looking after lands of others and intended to keep it back for him.

A. That happened to Hosea and Andrew but Hosea would only like to use the land first. However, the land of Andrew was given back.

Q. Did the area of lands near that land disputed got any main road from their homesteads to reach the main road?

A. I am not too sure about the days before but only Tepongima land and Utumaua that got their entrance road to the main road both at the end of that land disputed.

Q. Did you also claim the western end of Henua'aso as you said the area was given by Mangu the brother of your father to Kaniko the mother of Topue?

A. No, I only claim the fallow garden of Henua'aso but that area was included to the tambu area at Sangunguatiaki.

Q. Who owned Utumaua land?

A. Kaitu'u.

Q. Didn't that toilet area own by Kaitu'u seeing it was below Utumaua

A. No, because the area was used for toilet by different people near that area disputed

Q. Why if these people claim that area from you?

A. They may do it provided they got the proof that they owned it before.

Q. Whom did your father give Henua'aso, Topue or his mother?

A. My father gave it to Topue's mother to plant some coconut for Topue.

Q. Whom did your father claim the land back from Topue or his mother?

A. My father claimed it back from Topue

Q. Did Kaitu'u and his father Bangakamuga still alive when Osoeha brush that area for the first time?

A. Yes they were.

Q. Why did the brothers of your father and your father himself looked after the lands of their family to Andrew and his brothers and not to Topue and his brothers seeing the brothers of your father and Topue and his brothors were of the same lineage?

A. That happened because it all depends on how Taukiu shared his lands among his sons.

Q. Where did Osoeha live when the first brushed that area?

A. Osoeha got many lands but his main homestead was Teabaman, and could it be he settled there.

Q. Who used Utumaua during that period the area disputed was brushed

A. Kaitu'u

Q. Did Bangakaunoa and Kaitu'u help Osoeha in that area because it was the land of Osoeha first to brush and claimed or did they only give hand in the working of that garden?

A. Bangakaunga helped Osoeha because the land of Osoeha first to brush.

Q. Did the family of Kaitu'u and Osoeha mistreat each other?

A. I don't know but I never heard of any of their rowing.

Q. You mentioned that you were planning to report your lands you believe that Topue got them; and then you further mentioned that when your father died Topue came to you and in our custom way he cried at you and you forgave. Your idea of taking him to Court, why did you change your idea?

A. I found it later that Topue gave praise at the death of my father which stirved me to dispute our lands Topue had taken.

Q. How many times did that area use for garden from the time of Osoeha to 1942?

A. Three tines Osoeha farmed it two times and Tekiupua one time after he asked my father.

Q. Why didn't any one from the sons of Osoeha do gardening in that area

A. I don't know but I know that these brothers had mistreated each other.

N.F.Q.

This case is adjourned until Monday 13/2/84 at 9.30 am. The Plaintiff calls for his witness from his mother Tekanu

E. MUNA
10.11.84

This land case continues today, Monday 13.2.84.

P.W. 1 TEKAMU SWORN STATES:

I am coming to court this morning as a witness of Moah Taika about the land disputed.

Today I would talk about two things, first I would talk about the land disputed and secondly I would talk about of how Taukiu looked after the lands for the sons of Osoeha when he was killed.n

The fallow garden which Moah and Topue disputed was an area the people of Tekungangoto used as their toilet ground. At every time the areas which that fallow garden was were brushed the brushing were finished at the upper part of the area disputed now.

There wasn't any area from the homesteads above that land which its entrance to reach the main road.

Those homesteads were Utumaua, of Kaitu'u, Ungungaia of Osoeha, Hongamungava of the people of Sa'apai and Baieha the people of Gikobaka and Tepongima of Henuaeha.

The area disputed was not brushed until Bangakaunga and his son Osoeha brushed it. The garden of banana brushed was of Osoeha and helped by his father Bangakaunga.

Because Osoeha first to brush that area, it became his. Osoeha was far as I know, had brushed to farm in that land two times. His second garden was after the cyclone known cyclone of Osoeha. The land was not brushed since that graden until christianity came to Bellona.

In those times Tekiupua asked my husband Maitaki and made his garden in that land. I refer back to the garden of Osoeha. In his garden, he planted his crops of pana and when his crops were finished but lots of spaces were left in his garden, he planted wild pana called MANAUBI.

That time Topue was a little boy of about 13 years and he lived with me and my husband because his mother Kaniko gave him for me and my husband as our son. I felt sorry about this little boy so my husband and I told Kaniko to plant any coconut in that land for Topue. Kaniko was really happy about that and thank my husband. So Kaniko at that time started to make their homestead in land. Kaniko and her sons left their homestead at the upper part of Utumaua and cane down to the land given by my husband.

That land was used to claim by my husband Kaipua and Hosea but when Hosea killed his brother Kaipua then my husband totally owned it. These brothers were not pleased when Taukiu allowed Matanga'a to make the entrance of her homestead to go through that area because they believed the land was theirs. However, because Matanga'a was their cousin sister they did not bother to urgue about it. Topue settled there and after many years, Topue and I were urgued over one fallow garden at the Mangokuna road. At that time my husband was in the Central hospital. When he heard about it, he was disappointed and cried. It was then did my husband said I am now taking back my land I had given for Topue. My husband wrote and told Topue about it. The letter was written by a woman named Noaika for Maitaki my husband. He also stated that the other lands he had given for Topue were taken back.

The lands he took back from Topue were Henua'aso, Teakau and a fallow garden at the Mangokuna road. He also told him that if she came home he would serve as a witness for Andrew in his land case against Topue.

When he came home and told me, I disagreed but he said I must because in future if Topue urgues with my son Moa perhaps Topue would say, why did your father said to me in his letter that he would serve as a witness of Andrew, in our land case and yet he didn't, so for this reason I would attend in Court, a witness for Andrew. My husband attended in court and that land case was won by Andrew.

Now I would talk about when Taukiu died and the sons of Osoeha from Kaipua, Hosea, Mangie and Maitaki looked after the lands for Andrew and his brothers. When Taukiu died, it was Kaipua who was the leader of that family. Kaipua mainly looked after lands for Andrew and his brothers. When Hosea killed Kaipua, Hosea and his two brothers Mangie and Maitaki were not good in their relationship.

At that time Hosea had looked after the lands of Andrew at Tangakitonga areas. Maitaki looked after the other lands of Andrew at Tekungangoto. Topue and his brothers owned two lands at Utumaua and Ongongima and at that time their mother Kaniko lived there.

When Hosea killed Kaipua, Andrew and his mother and other children ran away to Kapata village in fear that the relatives of Kaipua would kill them that caused division between Maitaki and his brother Mangie and Andrew and his brothers. Even though the brothers of Topue and Topue himself lived with Maitaki and Mangie they did not give them any of the lands that were to be of Andrew. Topue and his brothers only owned the lands given to them by Mangie and Maitaki but they didn't give them any of the land of Andrew.

As times went by Maitaki and his brother Mangie invited Andrew and his brothers to come so that they would form up their own church organization at that time. Maitaki wrote to Andrew and asked him to come so that he could give him back all his lands he had looking after. Andrew replied to say that he would not so Maitaki and Mangie said, we would give the lands of Andrew for Topue and his brothers. Even though Taukiu did not give them but still they were the sons of Taukiu. So Mangie gave Balukangau to Kaipua. Maitaki gave Teakau to Topue and Mangie gave Kanava. Maitaki gave Mangokuna to Kaipua after he planted his coconuts in that place. Maitaki stated that no one was the real owner of that land. Our family seemed to claim it but I gave it to Kaipua our relationship at that time was very good. After some years, Mangie was died and Maitaki was attacked by polio and so Topue and his brothers started to urgue to us about our lands. That's all I want to say.

The only two homesteads that reached their entrance to the main road were Utumaua and Tepongima.

X TEKAMU

XX'N BY THE DEFENDANT

Q. You mentioned that the land was first to brush by Osoeha, didn't you know because it was Bangakaunga who first brushed it?

A. That garden was of Bangakanuanga and his son Osoeha and the people of Sa'apai know that.

Q. Was that the only area used for toilet before that di strict?

A. No, there were other areas and one of them is that disputed.

Q. Who owned the other areas especially Tetanga that used for toilet?

A. The area was first brushed by Taungenga but Sanoe and Busy owned it.

Q. What had caused other homestead that their main entrance did not reach the main road, was it because of Bangakaunga or was it because a toilet?

A. It was because a toilet area and people did not want to brush it.

Q. Didn't you know because that land was of Kaitu'u but used by Osoeha. Isn't that exactly what your sons do?

A. That was after their father divided his lands among them.

Q. Wasn't that land of Kaitu'u given by his father Bangakanga but his brother Osoeha used it?

A. No, that area was known to be of Osoeha.

Q. Why did you say this land was of Osoeha and the other family of Hosea said it was of Hosea?

A. The truth is that it was of Osoeha but Hosea claimed it because he was angried at Kaipua.

Q. Why didn't you allow the sons of Kaipua to dispute it but rather your family?

A. After Kaipua died, Maitaki got it.

Q. Who looked after lands for Taukiu my father?

A. Osoeha looked after the lands of your father and gave this all back.

Q. Is that the only area of our family we are urgue about?

A. There are but your family claimed theirs when Mangie died and my husband attacked by polio and died some years ago.

Q. Did your husband tell you all those stories when my father was alived or when he was died?

A. Those stories were started from Bangakaunga.

Q. When did Osoeha plant the coconuts at Mt. Namaunga?

A. That were planted by Osoeha after Kaitu'u died because it was Osoeha.

Q. Who allowed Matanga'a to make the entrance of her homestead to reach the main road in that area, Taukiu or the sons of Osoeha?

A. Taukiu, but the sons of Osoeha could not urgue because Hosea one of them had speared Taukiu just recently and also Matanga'a was their cousin sister and they had to respect her.

Q. Why didn't the sons of Osoeha and Taukiu urgue over that land

A. Because Taukiu did not get that land.

Q. But who made the main entrance in that area to the homestead of Matanga'a?

A. It was Taukiu but he was a leader of that family and even that the sons of Osoeha were not happy about it.

Q. If you say that your husband gave that land to me, why didn't your husband tell me but rather he told my mother Kaniko?

A. He gave it to your mother so that she could do the work there for you.

Q. Anybody in our district know that your husband gave me that land?

A. Yes, the people in our district know it.

Q. Why didn't I know that your husband gave me that land?

A. You know it but you just want to deny it.

Q. Are you telling the truth in all your evidence in this Court?

A. Yes, I had seen what I did at the time of my husband.

Q. Do you mean in the area dispute?

A. Yes, it was.

Q. Didn't you know because your husband came to my mother and made their agreement before accepted the request of Tekiupua?

A. That totally a false statement.

Q. Who looked after the lands of Taukiu when he died?

A. The sons of Osoeha but they were the lands of Andrew. You only got two, Utumanu and Ongongima lands.

A. Who looked after the nuts above Utumana?

A. Taukiu gave them for Andrew.

Q. Who allowed Mangie to make his garden above Utumaua?

A. I never know of that garden of Mangie.

Q. Why did satiasi and Mangie now in that area above Utumaua?

A. That I don't know.

Q. Do you know the year I settled at Henua'aso?

A. My husband gave you in 1942.

Q. Who lived them until today you or me?

A. You but my husband gave it to you but my husband told you in his letter that his land had taken back.

N.F.Q.

XX'N BY TIE COURT MEMBERS

Q. What name did Osoeha gave to that land after he brushed it?

A. He did not give any name to it.

Q. What was the name of that toilet area?

A. There wasn't any name for it.

Q. From Osoeha to the time of your husband what was the name of that area?

A. The fallow gardens in that area had no name.

Q. Who lived at Utumaua when Osoeha brushed that area?

A. Kaitu'u

Q. Why not the entrance of Ungungaia reached the main road if the areas were of Osoeha?

A. That's how those areas were.

Q. Did Osoeha settle at Ungungaia when he brushed that area for the first time?

A. Yes he used to settle there.

Q. Did Tekiupua ask Kaniko before making his garden in that land?

A. No he did not ask her but my husband.

Q. Osoeha did not make the entrance of his homestead at Ungungaia to reach the main road because he did not want any road to go through his fallow garden or because the land of some one?

A. The fallow garden of Ungungaia was Tabeibango of Sa'apani

Q. Did Osoeha hold for him any of the lands of Taukiu when he looked after them?

A. No, he gave them all, except Mt. Namaunga because it was given to him by his father.

Q. Did Taukiu take any land of Osoeha when he looked after them?

A. No.

Q. Where was Kaitu'u when that area was brushed?

A. He was still alived.

Q. Did Kaitu'u and Taukiu brush it at any time?

A. No, they didn't.

Q. Did the sons of Osoeha hold back any land of Andrew when they looked after their lands

A. No, they didn't.

Q. But why did you say that your husband take Teakau and gave Topue?

A. But they did not keep it for them but for Topue who is the brother of Andrew.

Q. Why did Taukiu allow Kaniko to make her entrance in that land was that land of Taukiu?

A. No, but the brothers were angried about it.

Q. Did Topue plant his coconuts in that land in 1942?

A. I don't know when building their houses but they planted their pandanas, banana etc in that area in 1942.

Q. What happened first, when Hosea speared Taukiu or when Taukiu allowed the entrance of Mataga'a homestead to go through that land?

A. When Taukiu allowed to make the entrance of Kaniko in the area happened first.

Q. What happened first when Topue took Ungungaia or when your husband gave Henua'aso to him?

A. Topue farmed at Ungungaia and my husband and his brothers thought they just used it, later we learned that Topue claimed it.

Q. Why didn't Tesomo the mother of Andrew look after the lands of Andrew just like Kaniko who looked after the land of Topue?

A. Andrew got lots of land than Topue and the sons of Osoeha were to care for those lands

Q. Why did the family of Osoeha seem to be disturbed when claiming lands from the family of Taukiu?

A. The family of Topue started to claim lands only from this time.

Q. Where was Kaitu'u when Osoeha brushed his garden and helped by Bangakaunga?

A. He was at that time.

Q. Did Kaniko pay that land when your husband gave her that land?

A. No.

Q. Did Kaitu'u own any fallow garden near the lands of Osoeha?

A. Yes, there were.

Q. Who owned that toilet area from the homestead of Utumaua. Ungungaia & Tepongima?

A. Every homestead used it as theirs all.

Q. Why did Hosea spear Taukiu at Mt. Namaunga and yet he came down and allowed Mataga'a make the main entrance of her homestead in the land of the sons of Osoeha?

A. I do not know why that happened.

Q. Do you believe the first person to brush the area disput was Osoeha?

A. Yes

Q. Why didn't Bangakaunga brush it

A. It was a toilet area and such an area was not suitable for brushing until Osoeha.

N.F.Q.

Plaintiff Side Ends.

This case adjourned until tomorrow Tuesday 14.2.84 at 9.30 am.

EDDIE MUNA
13.2.84.

This case continues today, Tuesday 14.2.84.

DEFENDANT SWORN STATES - TOPUE H.

Today I would like to talk about the land Moah has reported me from.

Moah stated that we are of the same tribe and our Headquarter is Tangakitanga and what he has said is true. Even though we are of the sane tribe there are several aspects in which we are different from. We got different father, grandfather, mother and more than all we got different lands to own. As far as I know, the lands of my family were lost and our lands were stolen by the family of Moah from his father. At the west end of where we are disputing it now, that was our land but the ramily of Moah took it and now he is intending to take my land at Henua'aso. We are really surprised to see that especially the people of Tekungangoto because we all know that the father of Moah had only one piece of land given by his father Osoeha at Tangaponghabu.

Our ancestor by name Bangakaunga got his lands from his father Taukiu. When Bangakaunga married he got three sons, Kaita'u, Noa'ahe and Osoeha the grand father of Moah.

Bangakaunga divided his lands among his sons. He gave some to Kaitu'u, some to Noah and some to Osoeha. Bangakaunga favoured his son Ksitu'u more than the other two of his sons, Noaahe and Osoeha. This can be proved because Kaitu'u owned our Headquarter at Tangakitanga and other places beside it. One of our main place at Utumaua was also given by Bangakaunga to Kaitu'u and other lands near that place. The main important place of our district (Tekungangoto) in our bush settlement was Mt. Namaunga, that place was also given by Bangakaunga to Kaitu'u. This is only few examples of the lands of my grand father Kaitu'u that his father had given and there were many others.

Now I would like to talk about the area disputed. The plaintiff and his witness stated that Osoeha was the first person to brush that area. My family and I totally denied that. The Plaintiff mentioned that the area was used as a toilet area but he is liar because he could not mention any name to that area like other places at Bellona of the same nature. So we totally denied that the area was not a toilet area.

That land was first brushed by Bangakaunga since he took over from the clan of Tongo. After that he gave it to his son Kaitu'u who was my grandfather. The Plaintiff mentioned that the people of Sa'apai support their belief but that is not true. Because we got different grandfather, our grandfathers marred to their respective wives.

My grandfather Kaitu'u got his son, Taukiu who was my father and he gave him his lands included the land disputed. When. Kaitu'u died, his son, Taukiu was still a young man. So Noa'ahe the second son of Bangakaunga looked after the lands of my father included the area disputed. About five years, Noa'ahe died and I got this information from Matanga'a the daughter of Noa'ahe. Then Osoeha came in to look after our lands and it was then did we got confussion over lands. At that time, my father Taukiu grew up and he used to live with Osoeha. Whenever Osoeha settled Taukiu would live next to him. When Osoeha settled at Tangakitonga my father settled at Hangekumi just next to Tangakitonga. Some times later Osoeha went and settled at Utumaua, Taukiu settled at Teahua just near Utumaua. Osoeha went and settled at Mt. Namauga. Taukiu settled at Ongongima just next to Mt. Namaunga. This was how my father used to live with Osoeha when he looked after the lands of my father. Osoeha had used to settle and farmed in all the lands of of my family included the area disputed.

Osoeha was a priest over the temple of Teatumatagi and when the cyclone known cyclone Osoeha had damaged Bellona he (Osoeha) was at Utumaua by that time.

The Plaintiff stated that Osoeha had planted wild pana called Manaubi in his garden in the area disputed and that proved that the land was of Osoeha. I deny that because all our lands that Osoeha used to do gardening he had planted that wild pana.

The Plaintiff and his witness stated that all our lands that were looked after by Osoeha were given back to Taukiu. This is totally false the only land that was given back by Osoeha to Taukiu was Tangakitonga.

When Osoeha was killed, Taukiu got all his lands back There were many of my father's lands he had taken them back that were taken by Osoeha when he was killed. The only land I know that my father struggled against the sons of Osoeha was Mt. Namaunga which had caused Hosea the son of Osoeha to throw a spear at my father. How ever, my father owned that mountain from his father. My father had allowed Matanga'a to make the entrance of her homestead through that area disputed to reach the main road and this prove the land was of Taukiu. The sons of Osoeha did not urgue against Taukiu about it. I wonder why those sons of Osoeha did not dispute to my father about that land like the inccident at Mt. Namaunga. I asked the Plaintiff why the sons of Osoeha did not disturb Taukiu when allowing the main entrance of the homestead of Mataga'a to go through in that area to reach the main road. He answered to me to state that because they respect him for being their leader. This is not true because if those sons respected my father they would not urgue at him over Mt. Namaunga which led Hosea one of the sons of Osoeha to throw a spear at my father. My father had composed one of his poem to discribe all the works he had done in all his lands in our district known Tekungangoto.

When dividing his lands among us, my father gave me Ungungaia and Utumaua. When Taukiu died the sons of Osoeha each claimed who to look after our lands mainly Kaipua and Hosea but not Maitaki the father of Moah and Mangie. One day we were at Teabamangu, Kaipua held his feast and he went over to Utumaua and got some breadfruit for the feast. Hosea was angried about it because he believed that he was the one to look after that land so he called in there at Utumaua and cut the breadfruits tree.

There was also one occassion when Kaipua the first son of Osoeha harvested all our nut trees called (Gemungi) that led Hosea to murder his brother Kaipua and those nut trees were of our family. That had caused division among them. Hosea looked after our lands at Taubagibo district and Maitaki and Mangie looked after out lands in the area where the land disputeed is. So the division between this family caused by disputing as who to look after our lands.

The Plaintiff mentioned that his fathers looked after the land mainly for Andrew but this is not true because the father of Moah and his brothers loved me and my brothers more than Andrew and his brothers.

Mangie when his elder brother Kaipua was killed, he went over and damaged properties at Tangakitonga and Mt. Namaunga but spared ours at Utumaua and Ongogima this shows that they loved us.

The family of Moah through Kaipua and Hosea, some believe the land dispute was of the family of Kaipua others believe it was of Hosea but my family believed the land is ours.

It's true Tekiupua asked Maitaki before he made his garden in that area in 1941 but Maitaki had approached my mother about it. They also denied that I did not get any share when harvesting that garden but I did.

In 1942 we decided to take the church building of Maitaki the father of Moah from Singaia to Kangibi which is not far from the land disputed. After the spot for the church building was marked we began to plant our coconuts to be in a straight line which started at Teutua to my area reported by Moah. At that time Moah was not yet born but he seems to deny all my stories.

I totally deny the story of Moah and his witness that Maitaki had given me that land. That land was mind since then because it was ours and I came to own it. Even my elder brother Gimaika I did not ask him when I settled in that land. I also surprised why Moah said that his father told my mother to plant some coconuts for me in that land. I wonder why his father did not tell me that seeing I was a big boy at that time. That land was of my brother Kaitu'u, son of Taukiu and when he died I took over that land.

The stories of Moah and his witness were formed after my father died. It is not true when Moah and his witness stated that the sons of Kaniko my mother were rejected by Taukiu but loved the sons of his wife Tesomo. The names of my brothers and I were named by Taukiu to all his relatives.

It is not true when Moah stated that Ungungaia land was stolen or taken by my mother from the sons of Osoeha. I settled in that land disputed for many years. I got the grave of my mother and my grand child in that land. It was only in March 1980 did Moah dispute against me in that land.

Moah is a person who intends in his life to take the lands of other people like Susan, Bob etc. so in the same way he wants to take my land. That's all I want to say today.

H. TOPUE

XX'N BY THE PLAINTIFF

Q. If we got different lands, grandfathers, fathers etc why did you want to take that land which was of my grandfather Osoeha?

A. That land was not Osoeha. It was of Kaitu'u and his father Bangakaunga.

Q. I claimed that the land is ours because we got 3 gardens in the land, how would you claim that it was yours or what can you prove that it was yours?

A. My father had allowed Matanga'a to make the entrance of her homestead through that area without disturbing by the sons of Osoeha.

Q. Why didn't you balme to Taukiu your father who did not give you any land but you blame it to me?

A. My lands he he had given me were stolen by you and your father.

Q. How many lands did your father give you?

A. Utumaua and Tetungiasa

Q. You mentioned that Osoeha had looking after the lands of your family and finally he got them, where are they?

A. He did not get any land because he was killed and my dad got his lands.

Q. After Osoeha was killed, Taukiu got back all his lands, did the sons of Osoeha urgue with Taukiu over any land?

A. They intended to take Mt. Namaunga.

Q. You mentioned that when Kaitu'u died and Osoeha looked after the lands of Taukiu, Taukiu used to settle with Osoeha in his lands Osoeha had looked after, did my family own any of those lands today?

A. Yes, you did.

Q. You said that Bangakaunga had favoured Kaitu'u his first born than Osoeha and to prove this. Kaitu'u settled or owned the Headquarter at Tangakitonga, whom do you expect to own it because according to our custom the first born is to own it?

A. Kaitu'u.

Q. You mentioned that I am only collecting informations but it's you who had seen your grandfathers, did you see Bangakaunga and Kaitu'u?

A. No, I am saying that because you deny what I had seen.

Q. Why did you deny that the area was a toilet area and it was Osoeha who first brushed it?

A. We don't believe it because it was first to brush by Bangakaunga and also there was no name to be given to that land when you say it was first to brush by Osoeha.

Q. Didn't you know because Maitaki of Sa'apai an old man who also told me that the area was a toilet area and it was Osoeha who first brush it?

A. I don't believe what Maitaki said.

Q. You mentioned that Noa'ahe looked after that land for your family, were there any signs of Noa'ahe in that land?

A. No

Q. Was there any disputing of Osoeha and Taukiu over any land of Taukiu that Osoeha intended to take?

A. No.

Q. After the cyclone known cyclone Osoeha, Osoeha made his garden in that land dispute, why didn't Taukiu stop Osoeha from making that garden seeing Taukiu was fully young at that time?

A. At that time Osoeha still owned on looked after that land for Taukiu

Q. You stated that all the Headquarters of our tribe were taken by Osoeha, who owned those Headquarters today?

A. Our family.

Q. You stated that Osoeha planted the wild pana at Henua'aso intended to cause danger to that land. I understand that Osoeha did plant wild pana at his own land at Teabamangu, why?

A. There wasn't any at Teabamangu.

Q. You mentioned the poem of Taukiu that he fore seeing the future, did he know that we would be disputing this area?

A. No, but he knew there would be people in in our family in future.

Q. You mentioned the poem of Taukiu that he got lands both at north and south of our district, is that means that Henua'aso was his land?

A. Yes.

Q. You said that you accompanied Kaipua to collect breadfruit at Utumaua, what year was that?

A. After the death of my father about 1935.

Q. You mentioned that you and your brothers were cared a lot by my father's brothers why didn't they give you the lands of Taukiu they had looked after?

A. They looked after them for Andrew.

Q. Why didn't Andrew claim any land to us but rather you?

A. Because you did not take any land of Andrew.

Q. If my fathers loved you, why didn't they take the lands of Andrew and give you?

A. Those lands were of Andrew.

Q. Who gave Henua'aso land to you?

A. I got it after the death of my brother Kaitu'u my brother

Q. Why did you claim that land seeing it was near Utumaua of Gimaika?

A. There was nothing to disturb us because we were brothers.

Q. You stated that Bangakaunga loved his first son Kaitu'u and gave him his important lands at Tangakitonga and Utumaua, were Ahenoa and Teabamangu lands were our family settled were not important?

A. Teabamangu was important.

Q. Why didn't any of your brothers urgue with my father when he owned that land disputed?

A. He didn't do anything in that land.

Q. Didn't you know because Tekiupua asked my father before he made his garden in that land?

A. Your father looked after it for us.

Q. Who told you that my father looked after Utumaua for you?

A. He did.

Q. Can you mentioned the people of Tekungato who told you all your stories?

A. I could not name them but the people of Tekungangoto.

Q. Why didn't Kaitu'u disturb Osoeha when he brushed that area for his garden?

A. Osoeha didn't brush it at the time of Kaitu'u.

Q. Where was Kiatu'u when Osoeha brushed that area and helped by Bangakaunga his father?

A. I deny that, the first person to brush it was Bangakaunga

Q. You seem to base on Bangakaunga the one who first to brush that land, if ever Bangakaunga the first person to brush it, didn't our family get the right to own it seeing he was our grandfather?

A. But Bangakaunga gave it for his first son Kaitu'u

Q. When Taukiu died, why didn't Kaniko brush that area but rather brushing at the upper part of Utumaua?

A. She got other lands to work.

Q. Why didn't my father look after Utumaua and Ongongina but only Henua'aso?

A. He just looked after those lands as ours that others might take them.

Q. Since the death of Taukiu until 1942, why did you enter that land in the year I said that you entered there?

A. You are only guessing that year.

Q. Why didn't you own it or settle there from 1940 when we were settled at Singaia?

A. We were also at Singaia.

Q. Was it true you were at Singaia at that time or were you at Gongona?

A. Your family and I were at Gongona for the start but later we moved on to Singaia.

Q. If you denied that my father did not give you Henua'aso land, didn't you know because he told you in his letter you that he got his land back?

A. I didn't bother at what he told me in his letter.

Q. Didn't you bother about it because you wanted him to die so that you could liar about me?

A. No, I did not worry about him because the land was of my father.

Q. What did your father do at Henua'aso?

A. He owned that land.

Q. Who owned that land from the Tongo clan

A. I know only that clan who owned it first.

Q. How many lines in the garden of Tekiupua your mother got when havesting that garden?

A. Only one and it was given by the wife of Tekiupua.

Q. Do you think the relationship of your mother and Tekiupau was good 'cos it was not?

A. Yes they were good in their relationship.

Q. If ever my father looked after Henua'aso, whom did he take care of it for?

A. To our brothers, that's me and my brothers.

Q. Why didn't you take Balukangau if you believe it was yours?

A. Mangie looked after it and gave it to Gimaika.

Q. Why didn't Kaniko your mother make her hone steal at Henua'aso but rather at the west end?

A. We did not settle there at those times.

Q. Why did you call that land Henua'aso?

A. I moved down from Ungungaia and named that my new area

Q. Where did you first to settle Ungungaia or Henua'aso?

A. We settled first at Ungungaia and those lands were ours.

Q. Why didn't Hongamungaua reach its entrance to the main road?

A. Because the fallow garden was of Bangakaunga

Q. Did any ask my father to farm at Utumaua?

A. No.

Q. Why didn't Tekiupau ask your mother to make his garden in that area?

A. It was your father who looked after it.

N.F.Q.

This case is adjourned until tomorrow Wednesday 15.2.84 at 9 O'clock am. The court member to question the Defendant tomorrow.

EDDIE MUNA
14.2.84.

This case continues today Wednesday 15.2.84.

XX'N BY THE COURT MEMBERS

Q. You stated that Bangakaunga did give to your grandfather Kaitu'u some lands, did he mentioned to your grandfather Kaitu'u that the land disputed was also given to him?

A. Yes it was included in.

Q. Why did Kaitu'u make his homestead in that area or above the area disputed and yet he did not make its road or entrance through that block of land to the main road?

A. I don't know why but it was just like that.

Q. After Bangakaunga first to brush the area as you mentioned, who was the second person to make his garden in that land?

A. It was Osoeha who brushed it for the second time.

Q. Did you agree that Tekiupau did ask Maitaki the father of Moah to make his garden in that area?

A. Yes I agreed, but Maitaki approached my mother to know it.

Q. You mentioned that Maitaki did care for the lands of you and your brothers, did he make his gardens in those lands?

A. Yes he did.

Q. Did he ask Kaniko your mother?

A. Yes, he did.

Q. Did the sons of Osoeha know that their father had farmed in that land disputed?

A. Yes, they did.

Q. There were areas around Utumaua that Osoeha did farmed, why did the sons of Osoeha did not bother to claim those areas their father did farm but claimed the area below namely Henua'aso?

A. I think they do because that was where Osoeha made his garden before he was killed.

Q. The Plaintiff stated that his grandfather Osoeha made his garden banana in that area, you stated that Bangakaunga did farm in that land, what crop did he plant in his garden?

A. We believed it was a garden banana.

Q. Did Osoeha help his father in that garden?

A. I don't know.

Q. How old were the sons of Bangakaunga when he made garden in that land?

A. I don't know. All I can say is that when he brushed it, he already got his sons.

Q. Do you know of any land of Osoeha that Kaitu'u did brush for gardening?

A. Yes he used to brush the land of Osoeha at Teabamangu.

Q. You stated that Bangakaunga did brush that land for the first time and then Osoeha, what relationship was Bangakaunga and Osoeha?

A. They were father and son.

Q. The Plaintiff stated that the land was used three times for gardening and you said two times, what were these two times?

A. The first garden of Bangakaunga and the second one of Osoeha.

Q. Didn't you include the garden of Tekiupau in that area?

A. I only mentioned the ones before christianity came to Bellona.

Q. Didn't Bangakaunga give any land to his sons, Noa'ahe and Osoeha in the area around Utumaua?

A. No.

Q. Who looked after Utumaua at the time Tekiupua asked Maitaki to make his garden in that land disputed?

A. My mother and his sons were them but Maitaki and Mangie cared for our lands.

Q. Which was happened first, when Hosea speared Taukiu at Mt. Namaunga or when Taukiu allowed Matanga'a to make the road of her homestead to go through that land to reach the main road?

A. When Hosea speared Taukiu at Mt. Namaunga was the first inccident to happen first.

Q. Who from the sons of Osoeha do you thin had stolen your lands or the lands of your family?

A. The father of Moah who was Maitaki and Moah.

Q. You stated that Maitaki being your uncle loved you so much, why then did he take or steal your lands?

A. Because he got his sons, so he stole our lands.

Q. Did you worry when Maitaki told you in his letter that his land at Henua'aso had taken back?

A. No, because it's ours.

Q. Why didn't you worry seeing you said in your statement that you got different grandfathers, mothers, fathers and lands from Moah?

A. Because the land is ours from our ancestors.

Q. Who brushed that whole area during christian era?

A. Tekiupau brushed it and later I did brush it.

Q. Which family from your two families that mostly looking after the lands of your tribe?

A. The family of Moah.

Q. Didn't you know because Taukiu your father had looked after the lands of the sons of Osoeha when he was killed?

A. I denied that Taukiu did not look after the lands of the sons of Osoeha because they were of the same age.

Q. The Plaintiff did state that Bangakaunga had helped Osoeha in his garden in that land disputed, did Kaitu'u use anything like gardening in that land?

A. I don't know but I believe he was the ownership of that land.

Q. Where was Kaitu'u when Osoeha made his second garden in that land?

A. He died already.

Q. Why didn't Kaitu'u and Noa'ahe the first two sons of Bangakaunga brush that land for gardening but rather Osoeha the youngest?

A. Our family believed that Kaitu'u and Noa'ahe already died.

N.F.Q.

Defendant side ends. The Defendant has no witness.

This cast is adjourned to decide tomorrow, Thursday 16.2.84.

EDDIE MUNA
15.2.84.

The Court Members meet today, Thursday 16.2.84 to decide this case.

JUDGMENT

The Court members met in two days to discuss the decision of this land case. The discussion were on the 16, 17.2.84. On the 16.2.84 the court parties could not reach any decision so the case was adjourned for today 17.2.84 which the court members continued their discussion and finally reached their agreement that the land disputed is to be divided in half between the Plaintiff and Defendant.

The decision of the court members to divide the land between the Plaintiff and Defendant based on the following evidences stated through the proceeding of this land case. They are as follows:-

1. It stated and agreed by both parties that concerning the brushing of that land the only persons who were mentioned to brush the area before christianity came to Bellona were Bangakaunga the father of Kaitu'u and Osoeha and Osoeha the grandfather of the Plaintiff and not Kaitu'u the grandfather of the Defendant,
2. The Plaintiff and his witness stated that the area disputed was a toilet area and more than all, an area where dead lizards, snakes, birds, used to be thrown in. The Defendant denies it but believed that it was not a toilet area but the fallow garden of his grandfather Kaitu'u just below his homestead at Utumaua commonly at Bellona in the olden days, when an area of land was used as a toilet area and to throw dead birds, snakes, lizards etc in. Such an area of land got a name to it. When the Plaintiff and his witness were asked to mention the name to that area, they could not mention any name. Therefore that land should had been a fallow garden of Utumaua where Kaitu'u the grandfather of the Defendant had owned and agreed by the Plaintiff.
3. It was only the Plaintiff side that people used to get permission from before doing farming in that land. Example, Tekiupua had asked Maitaki the father of the Plaintiff to make his garden in that land.
4. The Defendant claimed that even though the land was not directly given to him by his father Taukiu, he came to claim it and owned it after his elder brother Kaitu'u died.
In the same instance, the Plaintiff claimed that the land was of Kaipua the elder brother of his father Maitaki but because Hosea one of the sons of Osoeha murdered his brother Kaipua, therefore his father (Maitaki) got that land.
5. Both the Plaintiff and Defendant agreed that it was a common practise through out their tribe that the families of their tribe were to be responsible over the lands of the other families and given them back when they were matured.
6. The Plaintiff stated that the land disputed was given by his father to Topue and he got it back after he had notified the Defendant about it.
The Defendant stated that the Plaintiff side had looked after their lands when they were small boys and when they grew up they gave them back their lands. Example at Balukangau, Teakau etc.
7. The court believe that both sides got the right to claim any land from Bangakaunga because he was their ancestor and the founder of their tribe.
8. Both the Plaintiff and Defendant agreed that Osoeha did farm in the fallow gardens of Kaitu'u around his homestead at Utumaua. When the sons of Osoeha grew up, they did not bother to claim any of those fallow gardens but rather the land disputed knowing it was of their father Osoeha the grandfather of the Plaintiff.
9. Taukiu had allowed his cousin sister Mataga'a to make the entrance of her homestead above that land to reach the main road. The sons of Osoeha displeased about it because they knew that it was theirs but they did not disturb him becuase Mataga'a was also their cousin sister.
10. The Defendant should have called a witness to prove all his evidences.
11. The sons of Osoeha, Maitaki and Mangie had looked after the lands of Andrew but gave them for Topue the Defendant when they displeased about him. Those lands were Balukangau, Teakau etc.
12. The Plaintiff side had farmed two times in the area but this was when Kaitu'u the grandfather of the Defendant died.
13. The court members visited an old women named Joy Bangoika the woman of the tribe of the Plaintiff and Defendant to ask her if that land was a toilet area or not. She commented to say that it was owned by Osoeha after Kaitu'u died. When she was asked if the area was a toilet area or a fallow garden, she hesitated to say it was and then she said it was not.
She also stated that her father Taukiu ordered or allowed the entrance of Mataga'a to go through that land to the main road.

In dividing that land, the Court agreed that Moah is to take the east side and Topue to take the West end. The Court is to go and put a line mark in their new boundary to be sat.

ORDER

The Plaintiff is to compensate the coconuts of the Defendant at $4.00 each and $1.00 for a pandanus. If the Plaintiff fails to pay them the Defendant is to use his properties.

The graves are not to be spoilt. The Defendant is to keep clean the graves in that land. The land is of Moah but Topue to keep the graves in clean.

The decision of this case will announce on Monday 20/2/82.
signed
JOHN TAY
Court President.

Signed
EDDIE MUNA
Court Clerk.