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Local Court of Solomon Islands |
IN THE MALAITA LOCAL COURT
LAND CASE NO 13/91
DATE: 6/4/92
Name of Land in dispute: ARANGA
Name of Plaintiff: 1. W. Hulanga of Roapu village, South Malaita
2. R. Hulanga of Roapu village, P.A. Sa'a, S/Malaita
v
Name of Defendant: 1. W. Paul of Daha village, Sa'a P.A, S/Malaita
2. H. Koke of Daha village, '' '' ''
DECREE
JUDGMENT:
Court finds that Wilson Hulanga descended of Aussie through the female line of Rockenipeine (f) of Loatoa tribe in Iolairamo customary land. Wilson Pwaulo of Ououmatawa descended of Teaisaloariri through Houenipeiaramo.
Court finds that W. Pwaulo did not clarify in Court how and what sub-tribe he came out of Ououmatawa tribe (Iola) Court finds that W. Hulanga claimed Aranga land was given to his ancestor Roekeni-pains of Loatoa tribe who married. Hiruwalapeine of Clairamo.
Court finds that W. Paulo did not explained in court on how he should own Aranga land but based his talks on the permissions asked from yoke's father Pwaulo, to use bush materials out of the disputed area Aranga and permission to work on the land. During land surveying of the area court didn't find any of the defendant old settlement sites or tambu sites on the disputed areas.
Court finds that W. Pwaulo & brothers went to settle on Dahs/Aranga land in 1975 by permission from Council Clerk George Garnet of Roone village. Court finds that Thu - Paul Marite was Wilson Pwaulo's uncle and DW2 - was his second son Wilson Doraadi which they gave similar statements in Court. Court finds that Wilson Hulanga has owned a tambu site (Pirupira) at Tawaiseu point where Liuliumaetate, Roroi and Hautarau buried in here.
PW1. C Taheri of Loatoa/ Raraihenue tribe Awasie was their chief that Aranga land was officially given him on Haharota. PW2 & 3 — proved that their people seeked permission from Wilson Hulanga to work the land and planted with coconut paddocks while Wilson Pwaulo and' clan are usually going down to work on their tribal land HUNANGAILE. Both parties failed to clarify Hunangaile land in court how W. Pwaulo a clan have owned it.
Court only found that W. Hulanga said that Wilson Pwaulo's devil Amae (m) arrived from Auriki in Makira then Hulanga's devil gave Hunangaile land that Amae settled at Alsease site. Court finds that seeing Hunangaile has no passage for canoe shed Mr W. Pwaulo started his settlement at Daha on W. Hulanga's claimed area portion of Aranga Loatoa tribed in Iolairamo customary land (Iola).
DECISION:
Wilson Hulanga is the GENUINE rightful owner of ARANGA land from mouth of Melue river, Daha passage through Mala'apeine Okeirio east coast to Tawaiseu tambu site goes north/east to EPUMEI goes west along Hunangaile ridges passing the stone corner at TABENIESI areas goes down Denoulu portion goes down to Otenilito settlement side goes down Melue river to Daha bay.
Wilson Pwaulo has the right over Hunanagaile land northwest of Daha village.
Right of Appeal Explained.
Official Signatures: | M. Nitoga | Acting Vice President |
| P. Aita | Court Member |
| S. Meie | Court Member |
| Lucian Kebai | Court Clerk (M) |
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URL: http://www.paclii.org/sb/cases/SBLC/1992/3.html