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Local Court of Solomon Islands |
IN THE BELLONA LOCAL COURT
No: 5/80
Held at Anua Airstrip on the 11.3.80 (Land Case)
Court Fee $10.00
Paid receipt GTR No. 76728
BETWEEN:
WOLLEN PESEIKA
Plaintiff
AND:
TELA SAU
Defendant
| Before: | Court President | John Tay |
| | Court Justice | Henry K. |
| | Court Justice | Taunga A. |
| | Court Clerk | T. Edy Muna |
Claim: Wollen Peseika reported to Court that Tela Sau claims his lands called Okota and Tamosua as his.
Plea: Not liable.
My grandfather Simeon got two sons Peseika who was my father and Tela Sau. He gave the land called Puipui to Tela Sau and Okota for my dad. When dad was killed, Simeon had kept the land Okota for me because I was only a little boy when dad was killed. So we were divided to live on those two lands, Tela Sau and his family at Puipui land and I am at Okota.
As years went by, the family of Tela were thinking of building a church building at Tamosua just above Okota. There is a little patch of land at Tamosua called GAUGIKI which Simeon gave it for Hatiuhi the son of Tela. It was given to him because Tela had given him to me as my young brother. That GAUGIKI land is the land the church building was to be built. It was then Simeon got sick. Before he died, he had reminded me that Okota land is mind. He also told me that Misia whom he had married to, will live there as well and Tela, will take care of those lands for me seeing I am still a little boy. When Simeon died, we lived at Tamosua - Tela knows it without any doubt he is looking after those lands for me. We were rowed once, when Tela told me I have no right to claim those lands Okota and Tamosua so I reported him to the Court. End.
xxd Defendant - Plaintiff.
Q. Do you believe that dad will talk to you about those lands if I agreed with him to put you out as he used to say?
A. Yes, he will because I am the son of his first son.
Q. Who was the one who used to chase you out at Okota land, me or my father?
A. Your father who was my grandpa, but he used to do it because this always happened with little boys that they were told to go out when they were not listen to older folks.
Q. Didn't you know because dad had given Okota for me?
A. But before he died, he told me Okota is mind.
Q. Didn't you know because I had asked him to call you home when you were at Honiara?
A. Because he knew I am the one who is the right descendant to those lands.
Q. Did you ever help dad in his works?
A. No, because I was only a little boy by the time you are refering to.
Q. Do you know of any 2 people rowing in a land and at last it was given to one of them?
A. No.
No further question.
xxd Court - Plaintiff.
Q. Who gave you the land called Okota, Peseiko or Simeon?
A. Simeon gave it for dad and when he was killed, he told Simeon the land will be mind.
Q. How do you know the land is yours seeing your dad was killed when you was only a little boy?
A. The people of our place told me and Simeon and Tela.
Q. Did Simeon give any land to Tela in the area where you are disputing at?
A. Only Gaugiki, but it was given to Hatiuhi when Tela said he will be my young brother.
Q. Did Simeon tell Tela to care for you or to own the land?
A. He was told to look after the land for me.
Q. How did Tela come to live at Okotn and Tamosua?
A. When they came there to build a church building.
Q. Did you own any part at Puipui land?
A. No.
Q. Have you got any important thing in side Okota?
A. Yes, the graves of my father and his dad and mum.
Q. Do you believe Gaugiki land will be given to Hatuhi if he was not given to you as your brother?
A. No.
A. Where was Tela when Simeon had reminded you that Okota is yours?
A. He was there.
Q. If Tela heard that, why did he claim it as his?
A. I don't know.
Q. Did you hear Tela telling you that Okota is your land?
A. Yes, many a times.
Q. Did Simeon share to you any land when he was about to die?
A. No.
Q. If so, when did he tell you those lands are yours?
A. Before he died.
Q. Did Simeon love you when you were a little boy?
A. Yes, for sometimes.
No further question.
This case is adjourned for Monday 17th March 1980 at 8.00 a.m. as the Plaintiff wants his first witness.
T. Edy Muna.
The case is continued today, Monday 17.3.80.
P/W1 sworn states - (Mrs Misia)
I would like to talk about Okota because I was married to Simeon and we had lived there. When we were there, my husband used to tell me that Okota is of Peseika. He also told me that even though Peseika did not stay with us, this land is his - Peseika got the right to own Okota because it was of his dad, Peseika. When he was killed, his little son Peseika left behind his death to own the land so Tela has no right to claim it. There were times Peseika did not stay with me and my husband and this had coursed my husband to angry at him, but even that, he said Okota is of Peseika. Simeon got 2 sons, he gave Puipui land to Tela and Okota to Peseika. Before Simeon died, he did not share out any land, he ahd, done it before. He only said goodbye to his friends, relatives etc. He had given, Teakau land for Hatiuhi when he was given as the brother of Peseika. Tela was only allowed to take care of us. He used to ask where was Peseika before he died. He told me to remind Peseika that Okota is of Peseika. He had told me to live with Peseika and Hatiuhi at Okota till I die. End.
xxd Defendant - P/W1
Q. Didn't you know because you have agreed with my dad to kick Peseika out from Okota?
A. We were only angried with him but the land is of Peseika.
Q. Is it true there is a boundary between Gaugiki land and Tamosua because there is not a boundary?
A. Yes, there is.
Q. Didn't you know because the boundary you are mentioning is not Tamosua and Gaugiki but Teakau land?
A. Yes, but the boundary between Gaugiki land and Tamosua land is marked by a GEMUGI TREE or a nut tree that was there.
Q. Didn't you know because Okota was given by dad for me?
A. That was only when he got angried at Peseika.
Q. Was there any rowing between dad and I as you said the land was not given to me by dad?
A. Yes, there were times you were rowed.
Q. Didn't you know because Peseika did not kind to my dad, and as the result dad had said he will not own Okota land?
A. He was only disliked him because he did not live with him but he still believed the land is of Peseika.
Q. Whom did dad care of him most, Peseika or me?
A. You, but my husband and I thought that Okota is of Peseika.
No further question.
xxd Court - P/W1.
Q. Did Simeon give any land for Tela at Okota area?
A. No.
Q. Did Simeon say anything to Tela about Okota?
A. No.
Q. What did Simeon tell you about Tela, to care only about you and Peseika or to look after those lands?
A. To look after Peseika and I.
Q. Which land did Simeon give for Hatiuhi, Teakau or Gaugiki?
A. Teakau land.
Q. Whom did the boundary between Gaugiki and Tamosua lands between?
A. Peseika and Hatiuhi.
Q. Do you think that Gaugiki and Teakau lands will be given to Hatiuhi if he is not given as the brother of Peseika?
A. No.
Q. When did Simeon talk to Tela about Okota, when he was about to died or when he was still in good normal health?
A. When he was not yet sick.
Q. Did you as for Hatiuhi to be the brother of Peseika?
A. No, it was an idea from Tela's wife.
Q. Was there any differences between your husband and his family before he died?
A. No.
Q. How did Tela come to live at Okota?
A. He came there by his own will.
Q. Did Tela and his wife use Teakau land when Simeon still alive?
A. No, until he died.
Q. How did they use Gaugiki land?
A. When they came there to build a church building.
Q. Whom did Simeon give him those lands before he died?
A. Me.
Q. If so, where is Peseika?
A. They were given to me to look after them for Peseika.
Q. And where is Tela?
A. He was told to look after or to take care of Peseika and I.
No further question.
This case is adjourned again as the Plaintiff wants to call his 2nd witness who is in Honiara. The witness is summoned to come home, then the case will be continued to proceed.
T. Edy Muna.
The second witness of the Plaintiff has arrived, so the case is continued today, Wednesday 23.4.80.
P/W2 sworn states - (Tuiahe Elihu)
My dad Simeon had accompanied Kumigau to Singaia at west Bellona to bring Kaisaunga who would be the wife of my dad. On their arrival Kumigau had got a necklace made of flying fox tooth and put it on the knee of Pongake as a sign that Kaisaunga was paid to be the wife of my dad. When they arrived back at Okota, Kumigau told dad that he had given Okota to Kaisaunga and its fallow garden at Tongongasua. Kumigau told my mother that if she would have a son he would own Okota. My mother got children but all were died, except her son Poseika the father of the Plaintiff was survived. Mother was living at Okota until she got T.B. and was about to died. She had asked her son Peseika and made her two houses to live in when she was sick. While mum was lying in bed, she had called us to come to her but especially, she had demanded to see her son Peseika. When her son came to her, she told him that she felt her time to live was very hopeless. She told Paseika how she had got Okota from. Kumigau but now she would like him to own that land and use it. Before that, mum had planted two coconuts at the eastern end of Okota as dad was not pleased at her because she was sick by the time she had planted these coconuts. She told dad that those coconuts were of her son Peseika. My mother told Dorcas who was the 3rd wife of my dad that she would take care of her children if she die. Dorcas had supported my mother in most of her works. My mother had reminded dad about it, and then mum died on the same day.
After two weeks from the death of mum, dad had asked us to go to Gotokangibu so that Peseika would live at Okota where her mother had given. Peseika lived at Okota when we left, and made gardens, houses and planted his coconuts there. Peseika lived there and finally he got married. He got his children and then he was killed. My dad then gave Okota to me and Peseika the son of Poseika who was killed. I had asked dad why he did not give it to Tela, he told me Okota was of Kaisaunga, given by Kumigau. She had given it to her son Peseika but as he was killed, I gave it to you to take care of it for his son Peseika. So we lived there and the family of Tola were not annoyed at us. I had once disturbed the family or the children of Tele when they had misused the water tank at Tamosua. Tela was angried at me. Dad had asked us to straight it up or to settle this dispute. Tela and wife were not able to settle this dispute at first. I told them that Okota was of mum given by Kumigau. Our dispute was not settled when dad came and told me that Tela had blocked those coconuts at Okota. I went along and spoilt what Tele had done to these coconuts. Tela and I got a row there about what had happened.
Because of that dispute, my husband and I went to Pauta and after 2 days, dad came and asked me to go and work on my copra at Okota. I didn't like it at first but then I agreed when he said if I didn't he would have leave the land and Tele might have taken it. When my sister Misala and I came there, Tela and wife were there. They went away but then Tela came back and cut some trees at Okota.
My sister also found a letter written by Tela that those coconuts at Gotokangibi would not be used. I told it to dad and he was really angried about it. They had rowed about it with Tela. He came back and told me as I asked him that Okota is of Peseika.
When I went to Honiara, I received a letter from dad that he would like to marry Misia. I replied his letter and told him that it's alright. He had also asked me to come home and attend their wedding as I did. When I went back to Honiara, he also wrote to me and asked me to come home and look after Okota as he would go with his wife to Rennell. I came home and asked him why he did not bother asking Tela to look after the land. He told me that he would like me. The dispute between Tela and I was settled but dad was not pleased about it when he came back from Rennell.
The wife of Tela once told my sister Misala that Okota was given by Simeon for her husband. I was really angried so I went to dad and asked about it. He had denied it and had asked me to go and settle that false news. Tela and wife were there when dad and I arrived. We talked about our previous rowings than dad told us that he would like to tell us that the land above Okota would be divided. That's all dad had said, and when he came to Honiara, he told me that Tela and family and R. Puia got rowed and that had led Tela and family to corm and build their church building at where my wife and I lived.
He told me that Tamosua and Gaugiki were divided between Hatiuhi and Peseika. He told me that Gaugiki was given to Hatiuhi because he was given by Tela as to be the young brother of Peseika, and Tamosua would be of me, wife and Peseika. I told him that Tela would never respect his wife if he would died, then he told me that if that would be the case, the matter would be reported to the Court if Tela would try and chase Misia at Okota and Tamosua.
That's what dad had said about Okota but I do not know what he had said before he died, only those who were there know it. End.
xxd Defendant - P/W2
Q. Why did Kumigau give Okota to your mother?
A. Because he did not like your mother, Kaisio.
Q. Why didn't dad spoil what I did to those coconuts at Okota but rather he went and told it to you?
A. Dad knew that Okota is of Peseika and I so he came and told me as I went and spoilt what you had done.
Q. Who was the owner of that land, you or dad?
A. Dad knew the land was of mum that was given by Kumigau.
Q. Which place did he give it to Hatiuhi?
A. He gave him Gaugiki land.
Q. When we were rowed at Okota, whom did our dad support, you or me?
A. He just talked to us.
Q. Did you use those coconuts at Gotokangibi to increase your copra?
A. I suppose to any way, but dad had tried to settle our dispute so he told me not to use it or else you would be worsed not to forgive our rowing.
No further question.
xxd Court - P/W2
Q. If Hatiuhi was not given by Tela and wife to be the young brother of Peseika do you think Simeon would have given him Gaugiki land?
A. No, he would not.
Q. You have mentioned several times that you had used to ask your dad why he did not tell Tela to look after Okota but rather, he had used to ask you to look after Okota, what do you mean, do you mean that your dad should have let Tela to look after it or to take the as his?
A. I have meant to look after it but not to take it as his land.
Q. You have said that you were not pleased with your dad because he had given Okota to Tela and then some times he gave it for you and Peseika, who is important on that land, Kumigau or Simeon?
A. Kumigau, because dad had knew it, the land was of Kumigau but he had given it to my mother.
Q. When did your mother die?
A. After christianity came to us.
Q. Where was Tela when your mother died then your family went and stationed at Gotokangibi?
A. He was in Honiara.
Q. Why did not your mother let her children to the mother of Tela who was one of the three wives of your dad when she knew she would die but rather than given them to Dorcas the third wife of your wife?
A. They were not kind at each other.
C. Whose house that was at Okota where Tela and his family lived by the time you were working at your copra?
A. The house of Peseika the father of Peseika the Plaintiff.
Q. When you have left Okota and went to Pauta, did you give Okota out to Tela?
A. No, I still believed it's mind.
Q. When did Tela give Hatiuhi to be the young brother of Peseika?
A. 1977.
Q. Which have happened first, when Simeon said he would have divided the land above Okota between Peseika and Hatiuhi or when Tela gave Hatiuhi to Peseika?
A. When Tela gave Hatiuhi to Peseika.
Q. How many places and their names at the area of Okota?
A. There is none, only Okota.
Q. When Tamosua and Gaugiki was divided, did the boundary of those two places reach down to Okota?
A. No.
Q. Was there any differences between you and Tela by the time your dad had said that Tamosua and Gaugiki would be divided?
A. No.
Q. When that necklace was presented by Kumigau to Pongake, was that the payment of Kaisaunga?
A. Yes.
Q. Where is that fallow garden of Okota you have mentioned?
A. It's on the northern side as Okota is on the southern side.
Q. Who owned that fallow garden by now?
A. Tela.
Q. When did Tela get that fallow garden, before or after the death of your father?
A. Before dad died, however, that fallow garden was divided among us.
Q. Whom did your dad love most from his three wives?
A. My mother.
Q. Did Tela and Peseika the father of the Plaintiff get any land from their dad?
A. Yes, Tela owns Puipui land and Gotokangibi and Peseika had owned Okota and Nukuagoha.
Q. Did your dad own any land named Teakau?
A. That name is only refered to a certain spot at the eastern end of Okota, but not a place.
Q. Did your dad love Peseika when he was a little boy?
A. Yes, he did.
No further question.
Plaintiff side end.
Defendant side sworn states (Tela Sau)
My dad got two sons, Peseika and I. Peseika got married and got 3 children. However, my dad and I cared for his children when he was killed.
When dad would like to marry Misia, his whole family, relatives etc did not like it except myself. My dad and his wife had cared for these three children of Peseike, 2 girls and one boy who is the Plaintiff. Some times my dad and his wife used to chased these 3 out when they were not able to do what dad had demanded them of, even though dad still loved them. I did not want as I told dad what or how he had treated these children. Finally, the two girls ran away and lived with their real mother. When I tried to bring those 2 girls back, dad did not like them. I had reported the matter to the Area Constable and when these 2 girls were asked as whom did they prefer to live with from dad and myself and their mother, they had said, their mother. Despite of their choice, I still loved them because they were the daughters of my brother. I did not agree when one of them would like to get marry, even though dad told me not to worry about it. Finally she got married. Peseika the Plaintiff left with us and he never do what dad had asked him to do. He seemed to be liked his sisters. Several times dad had chased him out with his knife and also had cursed him. Dad had told me the reasons why he did not want Peseike. He said that Peseika did not do any thing good to him etc. I told him how important Peseika is, for being the son of Peseika his son. I disliked what dad had done to Peseika. Misala had seen it too when dad chased Peseika out with his knife. One day, my wife told me that Peseika have asked her to allow our son Hatiuhi to be his young brother. He had asked my wife twice. I told my wife that I would talk to him about it even though I was not agreed to it at first. I did not talk to him as I went to Honiara, and when I came back, my dad had approached me and told me about it. I told dad that it's alright. So dad and his wife, Peseika and Hatiuhi lived together but Peseika misbehaviour had coursed their home with rowing etc.
My dad had told me that Hatiuhi would be under his control and not Peseika. He told me that there are two places, Okota and Teakau, and Hatiuhi would own Teakau.
An agriculture officer, Charles Tetuha came to Bellona and encouraged all the village people to plant their coconuts. Dad was one of them. He brushed above Okota and Teakau and planted his coconuts there. I had helped him to plant his coconuts and he told me that those coconuts would be divided among Peseika and Hatiuhi. He had shown me the boundary of these two.
One day, dad came to my home at Puipui and told me he was really angried at Peseika because he told his friends he would like me to die so that he could take all my lands. I have knew it before what Peseika had said. Then dad told me that Peseika would never possess any land. He had said, all would be mind and my family. That had coursed dad to chase Peseika from Okota. I was in Honiara when Peseika wrote to me and Tuiahe that he was chased away by my dad. Tuiahe and I did not please about that. Peseika came to Honiara after Tuiahe had paid his sea fares. Peseika was still mistreated by the family he had lived with them, so I told them we would go back to Bellona. Then I came home but told Peseika to come later. Dad told me he was cried when he heard that Peseika was gone to Honiara without knowing it. He also told me that Tuiahe would have to give Peseika land, because he gave him up and have nothing to do with him. Dad had told me many times that Peseika would not own any land. He kept on remaining me that these lands would be mind and my sons. His wife have supported him. I told dad what he was suggested was not good. I told him how important was Peseika but he did not change what he used to tell me. I had told dad that to chase Peseika out from Okota would mean that our descendants would finish. He told me he did not mean that, and still insisted me to support him to chase Peseika out. I told him that I did not want Okota, but I like Peseika. He kept on to what he had suggested, and I had told him what I had said. I got faded of what he had said, so I told him that now I am agreed with you to chase Peseika out, he would have no land to possess etc. Then I had suggested to him that we would have to give up the land called Boua where the father of the Plaintiff had once fought for it and as the result, he was killed. Dad did not like it, then he told me that he would ask Peseika to come back, so I told him to do it. So dad sent a message to Peseika to come home to him.
At the same time, R. Puia and our family got row and dad had asked Pongi my son to make a church building at Tamosua so we had started to work on it. Dad then gave us Gaugiki land, and it's of Hatiuhi, and he had said, this end would be ours. Dad went to Honiara by that time, and when he came back again, he was sick. Peseika did not go in to the little hut where dad was kept. Dad had encouraged us to be good at each other. Whenever he had asked about me and my family, his wife and his daughter Tuiahe, he had expressed sadness on his face and not expressed it when he used to ask about Peseika. He told me he would have die but because he was thinking of me and his daughter Tuiahe who was in Honiara, and that's what had kept me to maintain my breathing. He had encouraged me to build our church building, to look after his wife and his grandsons. He had asked me that his grave would be in the main centre at Okota, and when he was died, I buried him at where he had suggested. End.
xxd Plaintiff - Defendant.
Q. You have said, you were supporting the marriage of your dad and his wife Misia, by why did you chase Misia out after her husband died?
A. Because she did not respect me.
Q. Is it true that Simeon did not give any land to my father?
A. Dad told me that I would be the head or the boss in our family.
Q. According to the geneology of our place or of our HeadQuarter, who was that sixth generation to, you or dad?
A. Your dad, but I am the one who gave our dad respect and honour
Q. Why did not Simeon tell me that there is a place called Teakau near Okota?
A. Because he had chased you out.
Q. Where did I grow up from?
A. You ware not grew up at Okota.
Q. Whose place is Teakau, you or Hatiuhi?
A. Hatiuhi.
Q. Didn't you know because you have told me that Okota is mind?
A. Dad had given it to me, then I gave it to you, but when you mistreated me, I think I will not give it for you.
Q. Didn't you know because before Simeon died, he said that Tamosua and Okota would be mind and Misia?
A. He had said it because I had told him but new you will not possess it.
Q. Is it true I was rot visited at Simeon when he was sick?
A. You just came there sometimes.
Q. Why did you change what Simeon had said?
A. I did not change any thing he had said.
Q. Didn't you know because the church building was to be at Tamosua but not at Okota?
A. I have planed it to be there because he had given me that land.
No further question.
xxd Court - Defendant.
Q. You have said that Simeon told you that Gaugiki of Hatiuhi would be of your family to live in and that end would be of me and wife and our grandson, who was that grandson that Simeon had refered to?
A. Peseika.
Q. Why did Simeon show you the boundary if you believe he had given you those places?
A. Because there are two places there, Teakau and Okota.
Q. If you have said that Simeon had given Peseika up or kicked Peseika out, why did he cry when he heard that Peseika went to Honiara?
A. He was only angried at Tuiahe who had paid his seafare to go to Honiara without knowing him.
Q. Did Simeon love his daugther Tuiahe?
A. Yes.
Q. What do you mean when you have said that Simeon had said that Tuiahe would have to give Peseika land?
A. Because Tuiahe had supported Peseika.
Q. Who was the daughter of Simeon he had used mention her name when he was about to die?
A. Tuiahe.
Q. You have mentioned that you did not support the idea of your father when he was thinking of sending Peseika out from your family, and how comes then that you are in Court?
A. Because Paseika is stupid.
Q. Who is living at Okota by now?
A. Me.
Q. You have said that Simeon had expected Peseika to help him in his works, did he expect your children as well to help him?
A. Yes.
Q. Do you think that the cursing words that Simeon had said to Peseika was not a big thing?
A. It was, but Simeon was the owner of the lands.
Q. Do you still regard Hatiuhi as the brother of Peseika?
A. I still regard him as of my dad and not Peseika.
Q. Why did Hatiuhi was important to Simeon?
A. Because he was given to him.
Q. According to our custom, when Simeon was buried at Okota, for whose sake was that, Hatiuhi, Peseika or you?
A. I am.
Q. Why did Simeon was not important to him his son Peseika the father of the Plaintiff?
A. He did not give honour to my dad.
Q. When your father was sick and was about to die, you have said that he used to called you and your family, why did then he used to call Peseika?
A. He knew he is one of our family and also he did not like him.
Q. Who have used alot Okota land from you and Peseika who was killed?
A. Peseika had used it alot, but after his death, dad gave it to me and now I am using it.
Q. Was there not any son of Peseika?
A. He got a son but he lives there because of me.
Q. Why didn't Simeon chase his son Peseika out from Okota as you said he did not give respect to him?
A. He was a big man by that time.
Q. Do you know where was Peseika lived by that time?
A. I don't know.
Q. Do you struggle at Okota as for you or Hatiuhi?
A. As mind.
Q. Do you believe Peseika got any area at Okota?
A. Yes he got, but I am the boss.
Q. Why did Simeon angry at Peseika was it because Peseika did not help him or was it because Peseika have said Simeon must die?
A. Because he have said Simeon must die and also he was angried when Tuiahe supported Peseika.
Q. You have said that you refused to your dad when he would like to give you Okota, when did then Simeon give it to you?
A. Before he died.
Q. Why did Simeon tell you to love Peseika if he die and then you say it was then that Simeon had given you Okota?
A. I am the boss of Okota, and I have to decide whether to give it to Peseika or not.
Q. Why didn't you like to give it for Peseika?
A. He mistreats me alot.
Q. Do you mean to tell the Court that you claim Okota not as yours from dad but you claim it because Peseika mistreated you?
A. Dad had given it for me and also Peseika have mistreated me.
Q. What has gone wrong, when you live at Okota or Peseika is angried about Okota you would like to take?
A. He wants me to go out at Okota.
Q. Who is the land owner of Okota if you want to live there, you or Peseika?
A. Peseika, but when he dislikes me, then I am the owner.
Q. Do you mean to say that you have been looking after those lands for Peseika?
A. Yes, but I am living there because dad had said I must live there.
No further question.
This case is adjourned to heard back on Friday 25.4.80, as the Defendant needs his two witnesses.
T. Edy
This case is continued today, Friday 25.4.80
D/W1 sworn_ states (Baikava Tela)
I would like to talk about Okota land because I have lived there with Simeon and have seen how he had treated Peseika. Whenever Simeon got angried at him, he told him to go out from Okota and his family. One day, Simeon came to our place and told Tela that he was very angried at Peseika because his grandson told him as Peseika said, Simeon must die so that I can get all my lands or else, he would give them to some body else. Simeon told Tela that all his lands would be of him and his son and nothing for Peseika. Tele replied to Simeon and said that Peseika was wrong for saying that. Tela also mentioned that those lands were of Peseika the father of the Plaintiff, but when he was killed, Simeon took over them and owned them. Simeon had pleaded to Tela so that they could put away Peseika from their family because he was not doing anything good to them. Simeon put a question to Tela by saying who would give land to Peseika, he told Tela that only his sons were able to support him. The next day Tela went to Okota. I followed him and there I saw Simeon and his wife. They were discussing the same problem, and Misia the wife of Simeon told me that her husband had given Teakau land for Hatiuhi and he had shared Okota to her but not Peseika. Peseika went to Okota but Simeon chased him out with his knife. This had coursed Misala to displease about her dad but Simeon told her that Peseika did nothing to help him. It happened that there was a row between R. Puia and Pongi my son, so Simeon told Pongi to go and brush the Tamosua land and build his church building there as we did. We were working there once, when he told us that he had given Gaungiki land for Hatiuhi and Tamosua would be of him and Peseika. So we all lived there at our new settlement. When my husband and I were in Honiara, Tuiahe told us that she have received a letter from Peseika and said that he was chasen away by Simeon and his wife. So Tuiahe had paid his sea fare but ordered the sister of Peseika who had brought the money home to Peseika not to tell it to Simeon. Even when Peseika came to Honiara, he was mistreated by the family of Misala the sister of Tuiahe. Tela came home but told Peseika to came later. Simeon came to Tele on his arrival, and told him how he was upset to hear that Tuiahe had paid the seafare of Peseika and went to Honiara without knowing it, then Simeon had stated that Tuiahe would have to give land for Peseika. He also asked Tela to agree with him to chase Peseika out and he would have those lands. Tela did not agree with his father's suggestion. Simeon told Tela that all the lands were owned by him except Okota he had given it to Peseika the father of the Plaintiff. The next day, Simeon told Pongi to bring his house to Gaugiki land as he did. He had helped Pongi in his work and had admired him for working hard and not like Peseika. He also told Pongi how he would like Tela to agree with him to put Peseika out from their family, but Tela was not agreed. He also told Pongi how he was cried when Tela have suggested to leave out Bova land if Peseika is to be kicked out. He also told Pongi that his two sons, Peseika the father of the Plaintiff and Tela. He said that he had chosen Tela to be their spokesman even though he was the last born. Ha had encourage Pongi that he would be our leader. Then later, Simeon was going to Honiara. When he came back, he was sick. As his sick was getting worse, we were there but Peseika was not. There were times he came there but he did not come near at where Simeon was kept.
Knowing that he was about to die, Simeon asked about Tela, his wife while tears were flown from his eyes, but when he had asked about Peseika, he did not expressed sadness on his face. Before he died, Simeon had shared Tenaru, Teakau and Gaugiki lands to Hatiuhi, and Tamosua, and Okota lands to his wife and her grandchildren Peseika and Judy but Tela to be their boss. Simeon was very sad to leave behind his wife and Tela.
After Simeon was died, we all left behind and live at those areas. Peseika thought that Tela is looking after Okota for him but Tela believes he is to follow what his dad had told him. Tela is the owner of those lands by now because Simeon and his son Peseika who was the father of the Plaintiff were died. Tela have told Peseika to go out from his land where his dad had given. End.
xxd Plaintiff - D/W1.
Q. If ever dad and his father were not died, do you think you would have claimed those lands?
A. I would not tell what your father would do, but if ever Simeon was not died, he would have said that Tela is right.
Q. Who have asked me to come home from Honiara, you or Simeon?
A. Simeon, but he had asked you to come home for the sake of Tela.
Q. Do you know where I was born?
A. Okota land.
Q. But why did you want no to go out from there?
A. Because Tela was given to by Simeon.
Q. Is it true that Gaugiki, Teakau were given to Hatiuhi?
A. Yes.
Q. Is it true that there are two places at Okota area, that is to include Teakau, because most of our people in Nukuagoha say there is no place called Teakau there?
A. I only follow what Simeon had told us that there is an area there called Teakau.
Q. How many main roads that were known to be on that area of Okota?
A. Only one at Okota, but there is a place there called Teakau.
No further question.
xxd Court - D/W1.
Q. Where was Paseika by the time Simeon was died?
A. He was attended at his death.
Q According to your statement, you have said that Simeon had told Tela to look after Tamosua and Okota for Misia and Peseika, what did Simeon mean, did he mean that Tela has to look after it for them or for him?
A. He had meant that the land was for Peseika, but Peseika would own it if he is honoured to Tela.
Q. Who was the first person to ask about Hatiuhi from Simeon and Peseika?
A. Peseika.
Q. When Simeon was about to die, did he share any land to Pongi your son?
A. No.
Q. Why didn't the house of Pongi build at Tamosua but rather than at Gaugiki?
A. Because that was where Simeon gave Hatiuhi and had told us to settle there.
Q. Why didn't Simeon give Okota and Tamosua to Pongi if you say he had given up Peseika?
A. If Tela is to be there and use that land for so long, he would given it for him.
Q. Where did Peseika the father of the Plaintiff live before?
A. Okota, but after he was died, Simeon took over the land.
Q. What was the motive that was behind Tela when he was not agreed with Simeon to put Peseika out from their family?
A. Because he is the son of his brother.
Q. When Simeon was about to die, did he know that he had made an agreement with Tela that Peseika was left out in their family?
A. No, but it was for the sake of Tela did Peseika came back.
Q. Why then is Peseika is to be kicked out if Simeon made an agreement with Tela and brought back Peseika?
A. He did not respect and give honour to Tela.
Q. Why did Tela say Okota is of him, is it because Simeon had given him or he claims it because he knows that Peseika did not give him honour and respect?
A. Both.
Q. Do you believe have given some lands to Hatiuhi if Simeon would you did not give hire as the young brother of Peseika?
A. No, he would not.
Q. Who have owned Peseika when he was a small boy?
A. Simeon and Tela.
Q. Where would Peseika live if he is kicked out at Okota?
A. I don't know.
Q. Where did Peseika live by now and claim that Okota is his land?
A. He is not at Okota.
Q. You have mentioned that have supported Peseika. Did Simeon completely given Tuiahe out?
A. No.
Q. Do you mean to say that Simeon was not really concerned when he had said he would put Peseika away?
A. Not in that sense.
No further question.
D/W2 sworn states - (Pongi Tela)
I have seen how Simeon and Peseika were treated each other. They were not kind and love at each other, and this had coursed by the fact that Peseika did not help Simeon in his works. Peseika was used to wander from place to place, but Simeon still regarded him as his grandson. Simeon came to our place at Tepuipui and told that he was very upset to hear that Peseika said he would like him to die. My dad too was not pleased at what Peseika have said to Simeon. Simeon told dad that his lands would be of him. Peseika never visit Okota to see Simeon and wife there. He did not even visit our family. When dad went to Honiara we were left behind but Peseika did not visit Simeon and wife at Okota. I went to Okota one day, and while we were there, Peseika came there, but Simeon told him to go away as he had given him up in our family. Peseika was to Simeon and wife as an enemy.
When mum went to Honiara, I left with Simeon and wife and lived with them for almost a year. Again, I have seen how Simeon and Peseika were treated each other. After some times, I met Peseika and took him to our home because no body to care of him. Simeon was very angried at me even though I have knew this would happen before. Simeon chased him out. I told him why I brought him to our home but Simeon said, I did not want him to come to us. Peseika was wandered around until his clothings were damaged by a man named Auddy when Peseika had stolen his timbers. Simeon was not worried about it when he heard it. At the same time, Misala told him to go back and find Simeon. When Poseika went back to Okota, he could not see Simeon and wife there, so he had stolen his chicken there and went away. Simeon heard it so he went and got it back after he had chased him. Simeon had told me that he was mistreated by Peseika as his father did. Simeon told me that he was waited for Tele to make an agreement to put Peseika away from our family. Peseika wrote a letter to Tela and Tuiahe in Honiara about how Simeon had chased him out. Tuiahe had paid his sea fare to go to Honiara without Simeon knowing it. Simeon was cried, when he heard it. He was not sorrow but he was angried at Tuiahe who have supported Peseika by paying his fare. Simeon told me that Tuiahe would have to give Peseika any land. He also mentioned that he was waited at Tela so that they would chase Peseika away. When dad came home from Honiara, Simeon had talked to him all about these things. Dad told him the reason why Tuiahe had paid the sea fare of Peseika to go to Honiara. After sometimes, R. Puia and I got rowed so Simeon had asked me to go and brush Tamosua and build my church building there as I did. He had told us to settle at Gaugiki of Hatiuhi. We had built our hourses there. He had helped me at my works and just wish if Peseika could do such work as I did. He had told me how he used to ask Tela to kick Peseika out from their family but Tela would not. He also told me how Tela told him that if he would like to kick Peseika out, he had to give out Bova land because that is where his first son Peseika was killed. Simeon, when he heard that, he was cried.
Simeon kept on telling Tela that Okota would be of him, But Tela did not like. It was then, Simeon had given Teakau land to Hatiuhi. He told us how he was pleased when mum gave him Hatiuhi, so for this reason he had given him those two lands. Peseika came home as dad told Simeon to come back to them or our family. Peseika did not change his character. Later, Simeon went to Honiara. Poseika did not visit us at Okota and Tamosua. When Simeon came back, then Peseika came there for the first time while Simeon was in Honiara. Simeon was angried at him and told him that this was why he would like to kick him out from our family but Tela did not like. Peseika did not come to Simeon when he was sick until Simeon got worse from his sick then he came there to see him. When Simeon was in bed, he had shared Tenaru, Teakau and Gaugiki to Hatiuhi. Simeon had talked to Peseika and Misia and told them that they would be cared by Tela if he was to die. Dad was told by Simeon that he would own the lands. Peseika did not know what Simeon had said. Dad have worked there because Simeon had given him to own the land. We make houses, gardens, etc. there after Simeon died, but nothing to disturb us.
Peseika did not do any thing there. When he saw us cutting those coconuts at Okota, he reported us. End.
xxd Plaintiff - D/W2.
Q. You have said, Simeon told you that he was cried when Tela told him to give out Bova land as he was thought of his son Peseika who was killed there, and whose son is me?
A. You are the son of Peseika who was killed at Bova land.
Q. Is it true I was not attended when Simeon was kept and died?
A. You was not at the time he was saying Goodbye before he died.
Q. Is Teakau land a new settlement or a new place or not?
A. I don't know, but we just follow to believe what Simeon had said.
Q. Didn't you know because Tela have told me that he is looking after Okota land for me?
A. He did not give it to you. He was told by Simeon to give it for you provided you are good to dad.
Q. Why didn't you build your church building at Okota?
A. Because you have disturbed it.
Q. Did Simeon allow it to build at Okota?
A. No, but because Tela is the next land owner to Simeon.
No further question.
xxd Court - D/W2.
Q. If you say that Simeon had given Peseika out from your family, why did he say goodbye to him before he died?
A. He had said goodbye to him just for the sake of my dad.
Q. Why did Simeon was important to him about his son Peseika but not his grandson Peseika?
A. Because Peseika did not help him in his works.
Q. If you say that Tela is the owner of those lands, why did Simeon divide the lands among Peseika and Hatiuhi?
A. But he had given them to Tela.
Q. How is Tela permitted to look after land?
A. To give them to Peseika if he is good to dad.
Q. Did Peseika claim Okota as his from his dad or from Tela?
A. From Tela.
Q. You have said, you have helped Simeon alot and not Peseika and for this reason, Simeon did not like him, why didn't Simeon give you Okota seeing you have helped him alot?
A. He gave me one land but not Okota.
Q. Why did Simeon give Hatiuhi some lands and not you, seeing you are the first born from Hatiuhi?
A. Because he was given to him.
Q. Why did Simeon love his first son Peseika seeing you have said, he used to mistreat him?
A. But they loved each other again.
Q. When Simeon told Peseika to go out, did you love him?
A. Yes.
Q. Where did Peseika the first son of Simeon live before he was killed?
A. He lived at Okota, but Simeon took over and gave it to my father.
Q. Did Peseika the son of Simeon have any son when he was killed?
A. He got his son from Peseika.
Q. Why did Simeon give lands to Hatiuhi?
A. Because he was given to Simeon.
Q. Did Simeon include Peseika with Misia when he said they would live at Okota and Tamosua?
A. Yes.
Q. Why did Peseika claim Okota especially?
A. He believes it was of his father, but we believe it was taken by Simeon and gave it to Tela.
Q. Why did Tela believe Okota is his, is it because he is angried at Peseika or did Simeon give it to him?
A. Simeon had given to Tela and then Tela gave it for Peseika, but as Peseika mistreated Tela, so he got it back.
Q. Who asked for Hatiuhi first, Simeon or Peseika?
A. Peseika.
Q. Do you still regard Hatiuhi as the brother of Peseika?
A. My parents are the boss.
Q. Why did Simeon treat Peseika as important to him, was it for the sake of Tela or of Peseika his first son?
A. For the sake of his son, but he had kicked him out.
No further question.
The court have retired and adjourned the case to be decided on Monday 28th April 1980 at 8.30 a.m.
T. Edy Muna
___________________________________________________________.
The Court Members meet to decide the case today, Monday 28th April 1980.
Judgement: The Court members have discussed all their points of fact, custom etc in regard to this land, and finally they have discovered that Tela the Defendant is liable.
These are the reasons and points why the Defendant Tela is liable.
Taking the point into view, the Court have discovered that Simeon was cried over Bova land not to be given away because it was there at Bova his son Peseika was killed, and Simeon had regarded that land as his memorial of his son.
So as Simeon could not forget Bova land because of his son that was killed there Simeon could not separate Peseika from his son Peseika.
Decision:
The Court is in favoured of Peseika the Plaintiff as the land owner of Okota, Tamosua.
ORDER:
The land called Okota, Tamosua and Teakau are of Peseika except Gaugiki land is of Hatiuhi provided that
(a) Hatiuhi is still regarded by Tela and wife as the son of Peseika. If Hatiuhi is not regarded by now as the son of Peseika, the land is of Peseika.
(b) The coconuts, bananas that had been planted by Simeon are all taken by Peseika.
The gardens of Tela like bananas, potatoes etc are to use them but not to plant more gardens there. His gardens are to be used and remove what has left there.
(c) His houses, kitchens etc are to remove within 6 weeks, started 28.4.80, expire on the 2nd week of June 1980.
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| John Tay | T. Edy Muna |
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