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Alongolia v Ramotalau [1989] SBLC 3; Malaita Local Court Land Case 5 of 1989 (11 April 1989)

IN THE MALAITA LOCAL COURT

LAND CASE NO 5/89

DATE: 11.4.89

Name of Land in dispute: SURA/HIKIHAI LAND

Name of Plaintiff: RINGO & JACK ALONGOLIA

v

Name of Defendant: DAVID RAMOTALAU II OF BIO

DECREE

JUDGMENT: FINDING

1. Comparison of generations – Ringo's has 10 and Ramotalau II, 11.

2. Court found it difficult to find whether both parties are of the same line but there is a point whereby the Court took as a proof whether or not both parties are closely related. The court question Mr Alongolia whether Ramotee the defendant are related to Ringo and him. He said they are from Gwaunaongi.

3. The court was so surprise to find a chief as Mr Alongolia in his statement did not mention strong custom signs such as (1) Akalo ni etea (2) A/Mae (3) place of maoma and tafurae.

4. The court found that Ramotalau II born in Isabel Island and was sent to Malaita Province by his mother. The court assessed what he was trying to point to court even of his young age. Signs such as (1) Akalo ana etea (2) kalo ana mae (3) Akalo ana maoma and tafurae. All these he had mentioned in his statement and also showed in the field.

5. Witnesses of both parties tried to convince the court to believe them but the court only accepts those that mentioned tambu sites, custom dancing places, tafurae, etea, maoma etc. and proof it in the land proof.

6. The court believes Ramotalau II of showing custom signs of etea, tafurae, maoma and fuliau both parties showed bones but Ramotalau II is more specific.

7. (a) The court had looked into chiefs settlement of 16 October 1987 para (a) which binds Ramotalau II and Ringo.

(b) The court looked into local court case of 10/11/87 and that decision stands as Ramotalau II head of Sura/Hikihai land and he is entitled to collect any payment etc. for land properties. The court tries to bind both parties together but could not do it due to that both parties claimed themselves different and furthermore with different geneologies.

DECISION

David Ramotalau II is the owner of Sura/Hikihai land.

Vice President - Ramoi
Court Member - Julian Kobiloko