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Alado v Diau [2008] SBLC 3; Land Case 12 of 2000 (26 November 2008)

IN THE MALAITA LOCAL COURT

JUDGEMENT/COURT FINDING

Court finds that in land case No Lau2/78 both late Patrick Lone and Lawrence Alado were both defending Duruana land against late Robert Kamai and son Philip Devesi who claim the male right of Duruana land. During the proceeding both defendants traced the male female genealogies of Duruana customary lands. See page 4 para 1.

Court also finds that, during those Court cases Lawrence Alado continued his position of spokesperson against late Robert Kamai. Later during the CLAC appeal cases Patrick Lone's name did not appear on the records CLAC in 1980 CLAC in 1984 the appellant separating the genealogy of Duruana from Takwa genealogy. That the late Patrick Lone lodged a claim to the High Court of Solomon Islands and ordered that the plaintiff has a right to commence a fresh action against the defendant in the pursuance of the Local Court amendment Act 1985. And not barred by the doctrine of res-judicata. See case 79/96.

In today's Local Court hearing, Plaintiff Lawrence Alado produced his five (5) submission points to Court. He did not produce any new evidence in Court but relied on his five submission points and not call upon any one to be witnessing him in this Court today.

Court also finds that defendants Christian Diau and Billy Feralao Lone brought three witnesses and traced the generation of Duruana land. The two brothers Usuone and Iroiro migrated from Mota tribe and discovered Duruana land. They first established at Rongoebungu they made their male home and placed their modes of custom prayers. Later Usuone the overall custom priest went to establish Takwa male house. That Lawrence Alado descended of Iroiro's genealogy which he stemmed from the male line on 17th generations that Sungai (2) begot TAWANE (f) see defendant's statement of claim page 3. Usuone and Iroiro died and buried at Rongoebungu principal tambu site. Court found that, Alado mentioned his man Leo took up the modes of custom prayer then died during the time he performed the modes of prayer then Gore took over the modes of custom prayers and closed the modes of custom prayer and went to church. The Defendants witnesses are:

1) DW1 – Edwin Dila of Tagulao village d/ss.

Facts – Edwin give evidence in support of the defendant side. That he denied the grandfather of Alado by the name Au died in Duruana land but his dead body returned to Faurereba site in Umaki land. Leo's dead body also returned to Faurereba in Umaki tribal land. Au(m), Leo, and Sungai died and their dead body returned to Faurereba. Edwin Dila representing his father who gave evidence in Land case CLAC 26/4/82 AW – 6 Claudio Ganikui. Page 22 para 1.

DW2 Paul Kako of Gounakunu (Takwa) d/ss.

Facts – Paul confirmed to this honorable Court about the kindness and oneness his great grand grandfathers did on the land of Duruana before the arrival of Mr. Lawrence Alado in Duruana land the modes of custom prayers his grandfather performed in the land of Duruana both late Patrick Lone and Lawrence Alado on female line of Tawane (f).

DW3 – Jack Maeli of Samaria village d/ss.

Jack submitting his statement in support on written documents see Court exhibit 1, 2, 3, 4 and 5. Court also finds when Lawrence Alado took the title he forgot all about those who had helped him and late Patrick Lone who shared party Court with him the spokesperson on civil land case no Lau/2/78 and the other recent CLAC Appeal Cases.

On 22/11/08 recent land surveying of the disputed Duruana land the plaintiffs Alado shown his common feast (maoma) fire site the fire site for (Foa) and (Etea) the sacrifice for compensation and the burn sacrifice sites this Court party did not find such big stone oven for common feast (maoma) and seen the two stones marked the two fire sites. Plaintiffs also shown the grave yard of Goloau. This Court did not find the big stone oven for Maoma common feast on this great grandfathers principal tambu site.

Court finds proved defendants Billy Lone and his witness (DW3) Jack Maeli shown the grave yard of the giant Goloau about 15 feet in length buried at the back of the tambu house. Defendant also shown to Court the two stones marked the fire site for sacrificing Tororodo the (shark) of Duruana land and a fire site for breaking of first harvest of the ngali nut fruits by the custom priest before the ngali nut harvest is free for public. At Duruana or Otaota principal tambu site claimed by the Plaintiffs Alado pointing down to the gulley western end of Duruana tambu site is his custom dancing site this Court seen and not proper in custom setting of such principal tambu site. Later the defendants did not agree and shown the proper and real dancing site of Duruana/Otaota tambu site is on the eastern site where the present Samaria village situated. After then this Court asked the plaintiffs if he has any thing more to show to this honorable Court? Plaintiffs said no, he asked the defendants Billy Lone, Willy Gilibiti & Dw3 Jack Maeli to take up the lead. That Billy Lone and the plaintiffs party followed by Court party, advanced south to a dangerous tambu site Hafali (the place of poisonous arrow) Manangu I Hafali. Defendant Billy shown the big oven for common feast (maoma) which still has clean stones where his grandfather Billy Feralao offered sacrifices. Defendants agreed that is his grandfather's tambu site. Later we come back north/west direction to Sufuia tambu site where Billy explained to Court that this is the tambu site his grandfather Billy Feralao offered the last custom modes of sacrifice before went to church. Court have seen the stones still black fire smokes and black charcoal on the fire site (maoma). Plaintiff replied this is where a leprosy man live not sacrificial site as Billy claimed.

Later Billy led us to Rongoebungu principal tambu site, defendant shown the two ft stone marked the very place where the two brothers placed their modes of sacrifice brought with them from Mota their mother land.

Court also finds that this particular land case is a special case because it has only one sole female line but in customary land ownership male tribe must have its female lines.

At Rongoebungu plaintiffs Alado asked the defendants and Court parties to go to see the site Goloau killed by his cousin brother Kufi then fell down and heard at NDAI island. The measurement of the site Goloau. A laid on the ground is about 15 feet in length as of his grave yard shown by the defendants at Duruana or Otaota tambu site plaintiffs also claimed that devil Goloau was buried at Duruana principal tambu site Court disagree with the grave claim is a round grave yard marked with sharp stones (Naki).

Later we both parties went down to Aenaofa tambu site. In this place enclosed by a barricade of wall stone (Nagi). Plaintiffs agreed that Court party did not go to surveying the inner part of this special tambu site. Plaintiffs replied that this is his tambu site in Takwa Catholic mission station. Where grandfather of fathers made an agreement and sold a portion of land out of Duruana land to the early missionaries. The people who signed the agreement for that concern portion of land were.

1) Late Billy Feralao 2) Alado's father late Iroiasi 3) Willy's father late Gilibili 4) the missionary.

Court finds that, in Local Court case Lau/2/78 both later Patrick Lone and Lawrence Alado used the same male and female generations of Duruana land in defending late Robert Kamai's claimed of Duruana land on male genealogy. Generation and modes of prayer in Duruana land.

Court finds plaintiff Alado descended of Iroiro's generation down to Bobby Rumai the last man then the male line ended then the female line of TAWANE (f) emerged and continuing down to Lawrence Alado on the 6th generation.

Later Usuone the brother of Iroiro his generation descending down to Billy Feralao (1) the last custom priest of Duruana customary land. This Malaita Local Court proved the fact in land surveying of the disputed Duruana land when Billy Lone claimed or shown the last tambu site his granny father offered sacrifices and closed the modes of custom prayer by seeing the common feast (maoma) oven stones are still clean burnt stones and charcoal seen at Suuifua tambu site in Duruana land.

Court also finds that Lawrence Alado and Chris Diau & Uncle Billy Feralao Lone stem from one generation of Mota tribe. Through the two brothers Usuone and Iroiro discovered Duruana customary land Lawrence Alado heirs of Iroiro through Sungai daughter Tawane (f). Christian Diau and Billy Lone heirs of Usuone through Idumalefo down to Billy Feralao (1) the last custom priest for Duruana land.

In completing this Local Court proceeding Court offered the following:-

DECREE.

1. Christian Diau, Billy Feralao Lone, Willy Gilibiti and tribesmen have ownership of Duruana disputed Duruana land.

2. Lawrence Alado, Timothy Dime and clan have the secondary right of Duruana land. The disputed boundaries marked red dot dot on the map.

3. The boundaries of disputed Duruana is marked red A on the sketch map used during the previous cases..

4. No order of costs

Right of Appeal Explained.

Appeal within 90 days or three months from 26/11/08 – 26/2/09.

Court Officials

1. Ilita Ilimanu _____________________Vice President
2) Eddie Wasi _____________________ CM
3) P.T Aranga _____________________CM
4) Lucian Kebai _____________________Court Clerk (N)