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Tangirongo, In re Application. [2013] SBLC 3; Land Case 04 of 2007 (23 March 2013)

In the Guadalcanal Local Court

Land Case No. 04/07

In the matter of: Application under Section 105 of the Wills, Probate

And Administration Act, (Cap.33) on Perpetual Estate
In parcel Nos. 192-022-1, 3, 4, 6-25, 28, 30 and 31
Applicant: Elliam Tangirongo

And:

In the matter of: Application under Section 105 of the Wills, Probate and
Administration Act (Cap.33) on Perpetual Estate in parcel
No. 192-012-2 Land Case No. 01/13 (Consolidated)
Applicant: John Garegha

JUDGMENT

This Land case is about Komuvathda land situated in the Guadalcanal Plains, Guadalcanal Province.

There were two applications lodged one by Elliam Tangirongo who applied for perpetual estate in parcel numbers 192-022-1, 3, 4, 6-25, 28, 30 and 31, and the other by John Garegha who applied for parcel No. 192-012-2. These applications were made in accordance to section 105 of the Wills, Probate and Administration Act (Cap.33) upon death of two joint owners' intestate namely David Thuguvoda and Daniel Buto.

The land that hosts these parcels was subject to a Land Settlement now called acquisition made on 27th September 1972 by the Settlement Officer then Mr. D.G Ruthvan. The process is a statutory process provided for under Part IV of the Land and Titles Act. Since then the land was registered for purposes of Palm Oil project. The land then was registered under two joint owners late David Thuguvoda and Daniel Buto representing the Mamata Manebeti Clan of the Thogo Tribe.

After the death of the two joint owners intestate, Mr. Elliam Tangirongo applied in his capacity as elder of the Manebeti Clan including two others namely Mark Poghula and David Kubolu to be Trustees on behalf of the Mamata Manebeti Clan. Their application satisfied Section 105 of the Wills, Probate and Administration Act (Cap.33).

On the other hand Mr. John Garegha of Kulanikama Tribe lodged application with intent for the Guadalcanal Local Court to refer the matter for a custom hearing by the chiefs. The Guadalcanal Local Court made a ruling on the application and dismisses it as it holds no substance. This being the reason the Guadalcanal Local Court has no jurisdiction subject to the provisions of the Wills, Probate Administration Act (Cap.33) to determine ownership. The question of ownership had already being made on 27th September 1972 through the settlement process.

Based on the above, the Guadalcanal Local Court made its decision as follows;

DECISION

1. That Elliam Tangirongo's application is granted and the Local Court certified that Mssrs, Elliam Tangirongo, Mark Poghula and David Kubolu to be Trustees on behalf of the Mamata Manebeti Clan as nominated and agreed upon by the Manebeti Landowning group.

2. No order as to costs

R/A is three (3) months from date decision made

Basil Savani ____________________ President (Ag)
Daniel Sade ____________________ Member
Peter Suibasia _______________ Member
Edward Kekea _______________ Member
Timothy Ngele _______________ Clerk

Dated this 23rd day of March 2013 at Central Magistrates' Court, Honiara

THE COURT