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Oikalia v Alangolia [1991] SBLC 5; Malaita Local Court Land Case 11 of 1990 (26 April 1991)

IN THE MALAITA LOCAL COURT

LAND CASE NO. 11/90

DATE: 15/4/91

Name of Land in dispute: U'ULA DISPUTE

Name of Plaintiff: MANASSEH OIKALIA
OF GWAUNAOA VILLAGE,
W/KWARA'AE

v

Name of Defendant: JACK ALANGOLIA
OF BUMA (N) VILLAGE,
W/KWARA'AE

DECREE

JUDGMENT:

Court finds that both parties stem from one genealogy of Saefanoa tribe on eastern side. That Nafuliae married Ngodanarii of Sasadili beget 2 sons (1) Ngumae (2) Limaito. Court finds that Ngumae's genealogy that James Ositee Joshua, Maekira (m) and Manaseh are living descendants.

Court finds that Jack Alongolia and clan descended of Limaitoo the brother of Ngumae. Court then finds that Ngumae beget 5 brothers two Purimae and Tonirobo that there was a separation started when Burimae ate Tonirobo's wife. Then Tonirobo went to live at Busuala with his beloved son.

Court also finds that Jack Alongolia descended of Limaito that Laumae all arrived and gather at U'ula tambu site.

During Court both parties were denying each other that non of them settle at U'ula nor Oterade. Defendant's side Mr Jack Alongolia stated he denied Mr Mark Maomaburu he did not recognised him in the disputed area. Court finds that both claim the tambu sites. During land surveying both parties claim Manana their decorative male house.

When we came back to Uula tambu site where two parties argued about the modes of custom prayer and their arrival times there. Then we entered the U'ula site Defendant urged the Plaintiff to show his custom tambus that the plaintiff Mark said that he knew nothing about this tambu site since he is a different man. Manaseh Oikali admitted that he knew nothing about this place and his custom tambu remains because his father died when he was a small boy so he did not hear anything from his father. After then Jack led both parties and Court to the various fire sites within Uula tambu sites, fire for feast (Maoma) fire for 2 priests cook tambu pigs (Suasia). He showed us a fire site for priest special sacrificial pig only the custom priest ate the pig (suasia). The third fire place he shown a place for sacrifice for all the same tribesmen ate. (Etea).

Jack Alongolia also shown fire sites for Bina Raden tribesmen to offer sacrifices in this tambu site for common feast. Court also seen fire for war worshipping. He also shown the women oven fire (Maomanikini) Jack had shown us the site of the male house Ila ancestral remains too were seen during the survey. We also seen all various fire places for good luck for common feasting for bad luck for civil wars ect a sacrificial place marked for healing of cuts (Guru;). The two male houses for kakala and Rarasua when Jack explained to the parties how Kauniu and Unagere came in a form of spirit to Jack's men and shown the modes of custom prayer then Jack cried the two devil priest used him and gave him strength and sign of custom power on that very spot. Later we went to DAOTOLIANA burial site where all bones of ancestors were collected. There the defendants shown the Court party some human bones and skulls. After then we advanced down to ARAUKA where the defendants asked Plaintiff to show the Court party any thing they have on this tambu site which they claimed their bural site. Plaintiff showed only a common fire for feast (Maoma) but claimed both parties own this tambu site. Later Defendant shown several stone oven and three (3) skulls of human being belongs to Ofaniabu and Maekiria I and Jack's father brought modes of prayer to ARAUMA. Even though Jack had shown these things he did not claim his but belongs to both him and Cikali who live on U'ula land. Court wishes that U'ula land dispute may not cover others tribal lands Bina ILA, BITAKAULA and OTERADE. This dispute may only concerned U'ula land dispute concerning the arrival of these two sub-tribes in U'ula and inhabited the land.

WITNESSES

Court finds that on Plaintiff witnesses they talked mainly on how they arrived on the disputed land apart from Jack who was the last man to arrive on tribal lands and some settled in U'ula land Joshua Maekira and James Osiramoa and Oikali (m). These witnesses were strongly supported Mr Manaseh Oikali to be the second settler in the disputed area Oterade not Mr Jack Alongolia eventhough he has the modes of custom prayers and sacrifices in U'ula tambu site.

Court also finds that on Defendant's witnesses side they all claimed the same old leadership of U'ula land on Jack Alongolia and Joshua and James Ositee's linealogy. These five witneses respecting Jack and Joshua as the first settlers of U'ula land but not M. Oikali (m). They also strongly speaking on the modes of custom prayers and position of priesthood which James Osiramoa and Jack Alongolia have on U'ula land he was not settled on U'ula but lived at Logaabu. These witnesses denying Manaseh Oikali not arrived first on the disputed land U'ula. Court finds that Jack Alongolia and clan arried out modes of sacrifice on U'ula tambu site since his devil took up modes of prayer to their tribesmen both Maneseh Oikali and Jack Alongolia offering sacrifices to their devils until they went to church.

In completing the case Court offers the following DECREE.

DECISION:

Court ordered that the following men, Jack ALONGOLIA (m) Manaseh OIKALI (M), James OSIRAMOA and Joshua MAEKIRA and clans all have the equal right over the U'ula land boundary

Boundary Lines ranges from:—

Kwaisuga point goes up Koa river to the east reaches mouth of Fairuf stream passing Sinafolo (North to Tafunori and Dafubako point goes down Northwest passing MANAARA following ORANI stream down Feraio or Oloio point goes southwest direction to Fairufa and Sagelo down Auridi to Kwaisuga point and back to Koa river again.

Right of Appeal Explained.

Dated this 26th day of April 1991.