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Tepoi v Vivipo [1997] SBLC 8; Malaita Local Court Case 5 of 1997 (11 June 1997)

IN THE MALAITA LOCAL COURT

HELD AT SIKAIANA ON 11^th JUNE 1997

NO. Sik/5/97

COURT FINDING - 13-6-97

1. This court believed that this matter before the chiefs 19/5/97. There were ten chiefs involved in hearing this dispute between Plaintiff and defendant. In their decision there were only three chiefs certified decision in that - this court believed their order for Lot son not to build his house was Bias, and not according to Sikaiana customs.
2. Your two witnesses came in this court told their evidence before courts. They state that TEPOI and VIVIPO are brothers, and also he did not mention in this, why TEPOI - did not have any right within Loto land, this court doubted and look into it as unfair.
3. When the Plaintiff trace his genealogy he also trace your genealogy. He also said they are brothers, the court believed that. The Court asked defendant it is true, said the defendant, court went on surveying the Loto land. The properties in the dispute land belongs to Lot Matakia and Johnson Siata it show court that this two brothers have right in Loto land.

This court find out too, that the boundary which the Plaintiff and Defendant to this court, court find that boundary belong to APA'A and two sons by the the name of TEPOI and VIVIPO.
This court carefully considered both Plaintiff and Defendant) and two witnesses thus satisfied this court to decided its decision.

DECISION.

Chiefs order - Plaintiffs son not to build his house in LOTO LAND is to be squashed.

1. Plaintiff - Lot and his brother descendant of Tepoi
2. and Defendant stanley and his sisters descendant of VIVIPO, all have primary ownership of LOTO LAND.

You both can use your properties even build your houses, within LOTO LAND. Both parties must respect your existing properties.

Right Of Appeal Explained.