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Kila v Ko'oko'o - re Tailei Land [1994] SBLC 1; Land Case No 3 of 90 (12 December 1994)

SOLOMON ISLANDS

NGELLA LOCAL COURT

LAND NO: 3/90

BETWEEN:

JOEL KILA
Plaintiff

AND:

COUSA PULE KO'OKO'O
Defendant

JUDGMENT

This case was heard by the chieves at Boromole village on the 5th of October 1990 between Joel Kila and Cousa Pule Ko'oko'o defendant concerning the ownership of Tailei Land. They disputed each other as whom should be the original owner of the said land.

According to the Local Court Amendment Act 1985, every customary land disputes must first be dealt with by the chieves and any party who is not satisfied with the chieves decision can refer the matter to the Local Court.

In this particular case the chieves decision was to the favour of Mrs Ko'oko'o and so Joel Kila was not satisfied so he brought up the case to the Local Court. The case was pending hearing for sometimes till this tour when the Ngella Local Court sit for it here at Boromole village.

In this hearing, Joel Kila started first and claim that he is of Hogokiki Loki sub-tribe.
He said that his ancestors first landed at a stream called Sara. From there they moved to other places and then finally to Tailei.

He said that when church not yet arrive at Ngella, his ancestors were already at Tailei Land. They cleared up bushes and made gardens. He said his sub tribe Hogokiki Loki have a tambu place at Vogala. He admitted that both sub-tribe worshipped the same devils namely Hauri and Taotao. PWI (LIDIA HOLASI) gave evidence on oath and said that her father is of Hogokiki Lolki sub-tribe. She also confirmed the story told by the plaintiff that Hogokiki Loki sub-tribe .first settled and cleared up bushes at Tailei Land. Defendant (Mrs Pule Ko'oko'o) gave evidence on oath and said that her grand father namely Rokoni was already at Tailei when people of Hogokikiloki sub-tribe came to Tailei. Defendant said that Vogala is a different place from Tailei Rokoni was of Hogokiki Longa sub-tribe. She claimed that Rokoni and his uncle ? Taru were the first people to clear up Tailei Land.

DW1 (Stanley Melagai) in his evidence stated that the plaintiff is his really brother. He confirmed that Tailei Land is Land of both Hogokiki Loki and Hogokikilonga sub-tribes. He also said that the defendant is a cousin sister of himself and the plaintiff according to tribe.

He also said that the defendant is a cousin sister of himself and the plaintiff according to tribe. DW2 (D.Gotu) in his evidence, said that Hogokiki Loki and Hogokiki Longa used to be one tribe before. He said both sub tribes have equal rights over the Tailei Land. He also said that the old people before have divided the said land to these two sub tribes in the olden days.

Having considered the evidences from the plaintiff and his witness and the defendant and his witnesses, this court has satisfied that the plaintiff and the defendant side were used to be just one tribe beforebut now became two different sub-tribes as generations goes on. This court has also satisfied that these two sub-tribes used to worship the same devils namely Hauri and Taotao in the olden days. We also note that Stanley Malagai was the first witness for the defendant and is a real brother of the plaintiff Joel Kila has confirmed to this court that the old people in the olden days have already declared that the Tailei land is land of Hogokiki Loki and Hogokiki Longa sub-tribes.

DECISION

Having considered these main factors, this court has satisfied that the Tailei land is a land of both the Hogokiki Longa and Hogokiki Loki sub-tribes.

Both the plaintiff side represented by Joel Kila and the defendant side represented by Ko'oko'o have equal rights over the Tailei land.

Vice President - Alfred Jolo
Member - John Monona.
Member - John Lonna.
Secretary ( Clerk) -B Kerepiniano

12/12/94.

Right of appeal within three (3) months.