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Pala v Evo [2005] SBLC 2; Gizo Local Court Land Case 10 of 2004 (11 November 2005)

In the Gizo/Kolombangara Local Court
Land Jurisdiction

G/K LC No. 10 of 2004

Held at Gizo on 9th November, 2005

In the Matter of:

Ownership of Kolobangara and Lolobo Lands

JUDGMENT

This is a claim of authority and control over Lolobo and Kolobangara lands situated on Kolobangara Island.

At the hearing of this case by the Gizo/Kolobangara Local Court on 9th November 2005, the plaintiff did not attend the hearing. There was no reason given to the court why the plaintiff did not appear in court. The court is satisfied that the plaintiff was served with the Notice of Hearing by way of Service Message broadcasted over the SIBC on 10th and 11th of October, 2005.

At the hearing the defendant told the court that he was selected land chief (Bangara Pepeso) by Kolobangara and Lolobo tribes. To confirm that, there were traditional custom ceremony held which was witnessed by chiefs and tribes within Kolobangara Island.

This was confirmed by the Kololeana Council of chiefs hearing in their decision on 5th March 2000. According to the summary of their decision part of point No. 2, I quote;

".......... Hence, according to custom, Chief Evo has the right to exercise his authority and control over both Kolobangra and Lolobo tribal land....."

With the evidence before the court, we are satisfied on the balance of probability that the ownership of Kolobangara and Lolobo are vested upon Chief Evo and therefore he has full authority over the said lands.

Decision/Order:

1. Ownership of Kolobangara and Lolobo Tribal lands is vested upon Chief Evo and therefore he has full authority over the said lands.
2. No Cost awarded
3. No further Orders

Dated this at Gizo on 11th November, 2005

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

ROAE