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Pana v Veni [2005] SBLC 1; Gizo Local Court Land Case 1 of 2004 (11 November 2005)

In the Gizo/Kolombangara Local Court
Land Jurisdiction

G/K LC No. 1 of 2004

Held at Gizo on 9th November, 2005

In the Matter of:

Ownership of the portion of Pusingau Land

JUDGMENT

This is a claim of ownership of land. Plaintiff claims ownership of a portion of land on Pusingau land situated on Gizo Island.

At the hearing of this case by the Gizo/Kolobangara Local Court on 9th November 2005, the defendant did not attend the hearing. There was no reason given to the court why the defendant did not appear in the court.

The court is satisfy that defendant was served with the notice of hearing by way of Service Message broadcasted over the SIBC on 10th & 11th October, 2005.

At the hearing the plaintiff told the court the portion of land at Pusingau on Gizo Island was given to his father by the late Chief Milton Talasasa on 15th January 1973.

This was confirmed by the chief's hearing on 5th September 2003 at Gizo. According to the summary of the finding/decision of the chiefs of Saeragi and Poiloge Villages, the land area in issue belongs to late Peter Pana (plaintiff's father).

Ronald Bei Talasasa (Snr) the late Chief Milton Talasasa's son gave evidence to the court and confirmed that he was also present during the distribution of the land by his father. The disputed portion of land area was given by his father, being the landowner to Peter Pana who is the plaintiff's.

The defendant's mother was the landowner's sister but she was given her share on another part of the land.

Upon considering all the evidences, the court is satisfied on the balance of probability that the said portion of land in dispute is owned by the later Peter Pana who is the plaintiff's father.

DECISION/Order:

1. That a portion of land in issue is owned by the late Peter Pana, now inherited by her daughter, Wendy Pana.
2. The defendant to vacate the area of land by July 2006.
3. No cost awarded.
4. No further Orders.

Dated this at Gizo on the 11th November, 2005.

Misack Sigi - President
John Zoti - Member
Naingimea - Member
C M Katovai - Clerk

Right of Appeal Explained.