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Ganita v Linganafelo [1988] SBLC 4; Land Case No 2 of 88 (1 January 1988)

IN THE MALAITA LOCAL COURT

LAND CASE NO. 2/88

DATE: 18/10/88

Name of Land in dispute SULUATOLI AND LUMALAO

V.

DECREE

JUDGMENT:

Court finds that Waneai (M) claimed disputed as he is the living descendant of grand grand mother by the name Fokengangale (f) the daughter of Ngangalia of Wewela tambu place.

2) Weneai's great grand mother Fokenganale (f) and son Gwainiu made custom feasts following the dead of Ngangalia but no male line tribesmen took up the modes of prayer to offer scrificial pigs to Ngangalia of Lumaalao.

3) In custom court belief that if a woman helped her father and brothers in custom feasting following the death of custom priest or big man of the tribe a portion of land would be given for her and sons.

4) Court also finds during the landsurveying of the disputed area that the living descendant of the three daughters of Ngungalia (m) and descendents of Oimauri on female linealogies inhabited the disputed area they continously over cropping the land yearly.

5) Court doubted that Ngangalia had no connection to early settlers of Ferawailo principal tambu place when BEO at Gwaasi tribe murdered Airara but no grand father of Farewell UALA to revenge or compensation.

6) Court also finds that if any man of male linealogy exist or live within the disputed area he would be buried with Ngangalia at Wewela tambu place.

7) Court finds that Waneai has two tambu places within disputed land shown to the court where his great grand father Ngangalia (m) buried at Wewela. Court has seen the grave yard.

8) PW1 Harold Finiga stated that UALA tribesmen spoilt Ngangalia's male house at Wewela. It shows that UALA men hated Nagangalia (m) because he had no connection to their tribe.

9) PW3 Wagahautolo said that Linganafelo who spokesman for Areni (m) told him that JOHN ARENI came from different tribe not from Ngangalia (m) Linganefelo also told Waga (m) that Ialofo (m) was the son of Taealata of Asinawane.

10) PW4 - Chief Joringi talked on behalf of chiefs settlement committee Silolo told the court that Waneai Ganita is the genuine man of the disputed area Suluatoli/Lumaleo. Ialofo (m) of Asinawane tribe not son of Nganagelia (m).

11) Court finds that Waneai (m) tressed the true 4 sons of Baeania not eight sons as Linganafelo states in his statement. Three sub-tribes descendants of three men inhabited the land of UALA plus other late comers who occuping the coastal areas of UALA lower lands.

- IN CONTRAST –

1) Court finds that Linganafelo and John Areni claimed the male linealogies of UALA tribes including the disputed area they are the living descendants of the first eight brothers of Lauomea but they have no properties and tambu places besides Ferawailo where they claimed an old old principal tambu place belongs to the early settlers of UALA lower lands.

2) Court finds that Linganafelo (m) did not tell court how many custom feasts his men of ten generations done at Ferawailo.

3) Court also finds John Areni claim the male line of Nganagalia (m) but has no tambu place within the disputed area and offer sacrificial pigs to great grand father Ngangalia (m)

4) Court doubted that Ialofo (m) was not son of Ngangalia (m) but the son of Taealata (m) of Asinawane. Court proved PW3 & PW4

5) Court believed that Ialofo (m) was added to be the second son of Ngangalia to make the male line exists but according to plaintiffs statement and witnesses Ngangalia (m) only begotton son KWALUNOFO (m) died and had no male linealogy only 3 female linealogies and Oimauri's female linealogies occupied the disputed area. Court proved Ialofo (m) was ordered by UALA tribesmen and murdered by Suluotee tribesmen his son Taloisau (m) was murdered by Iroirokwao of Gwaurate tribe.

6) Court finds that DW1 & DW2 are true blood related to Waneai (m) on the three (3) daughters of Ngangalia (m) the genuine man of the disputed area. They are not blood related to Areni (m) on male line claimed.

7) During the land surveying court finds that Linganafelo's man Kwagainao (m) spoilt or damged Diongana tambu place or burial place at the first place, the later ruined by Maethao (m) Lisiasi, (m) Ringemae (m) and Konai.

8) Court finds That John Areni and clan lived on the disputed land under the direction of the daughter of Ngangalia (m) harvesting ngali nut trees on the land.

9) Court finds that even though Linganafelo and John Areni claimed the male line of Baeania but Baeania married Waetana's daughter Kinirere (f) of UALA land therefore, court believed that they all deseended from Kinirere (f) on female line like Waneai and others.

DECISION Linganafelo may look after your own area Talue bush areas. John Areni may live with O'oroba tribesmen NANAU and clan on their portion at Ngongora where you and clan have been living with until today or stay with G. Linganafelo (m) and clan on their mentioned lands.

G. W. Ganita landowner of SULUATOLI/LUMALO looking after those who blood related to Ngangalia other two female lines of Faabu (f) and Fokoili (f) and female lines of Oimauri the brother of Ngangalia of Wewela (m) tambu place in UALA land.

Right of Appeal explained.

Dated this the 21st day of October 1988.