Lologo v Manedetea [1982] SBLC 1; Civil Case No 3 of 82 (21 September 1982)

IN THE TASIMBOKO LOCAL COURT

CIVIL CASE NO. 3/82

BETWEEN:

LOLOGO of Komukoga Village
Plaintiff

AND:

MANEDETEA of Bebe Village.
Defendant

BEFORE:	S. Palua	President
	S. Rodi J. Tabala	V. President
	J. Tabala	Member
	C. Geladika	Clerk

Claim: Cutting of a boundary on the customary land which is not his land.

Plea - Not liable.

FACT. I know the piece of land which owned by Mose and I know the piece of land that own by Vothea. I know a piece of land which I own myself and also I Know another piece of land own by Piro. I understand that Nose when he arrived he had a piece of land. I understand too that Vothea when he arrived had his piece of land. I understand it too when I arrived and own a piece of land myself. Also I know exactly how Piro had own his piece of land.

The main spearline of this land is called Kautoga. The Lathi line got their land on the south and the Thogo at noth. According to what I know Mandetea has no land over that area.

COURT XXD.

Q. 1. What would you say about the statement?

A. What he had mentioned is not true.

Q. 2. Did you know that the Plaintiff had any piece of land there?

A. What he had is what I had given him.

FACT CONTINUED.

At the beginning my anceastors came from Ngela. They arrived at Barande and settled at Vaeavo. When they sold the land at Barande we all separated and settled at Guluna Savo while others settled at Koilobongi. My anceastors used to make gardens for their food over that piece of land. When I got my devil I put it at Tena Kotho. My anceastors throw out one of my devils and kept only one called Tagamatana instead. They took Tagamatana and left at Dova. We kept Tagamatana because it was a strong devil in trible war. I didn't bring the stone home but instead remained in the paddock. Sula took the Katho and leaved it at Tadathorara. This was not a true devil but Sula used it to fish and Tagamatana which is at Dova that my anceastors were burning offering for it. Piro's anceastors gave me a piece of land at Tanginaigha and on that land my anceastors built a Ghobamare. However because Piro gave us a piece of land we therefore gave another piece of land to Piro too. Mose and Vothea done the samething as I have done. They gave out their pieces of land too.

Sula Sule and Sura settled at Luvuna Savo after they have gone away from the old settlement at Vaeavo. They stayed on that piece of land which I have mentioned. Those who settled at Dova renewed Devil. They made some food in respect of the post before they took it to Koilo.

After they celebrated the house they gave the piece of land at Dova. They stayed at Madaleka first. We owned the land at Dova in returned of the post. I know that Mandetea hasn't got that land because he didn't make any gardens over that land at all. I only knew that Piro was making gardens on that land. I didn't see Mandetea ever settled on that land after Sula had died. Manedetea came from Konda and arrived at Kobito Kani and Ero took Veke to settle on that. They took their Devil and put it at Betikama. After that they settled again t Gilutae. Ria bought Igathage for his wife and also he got another girl with him whom was Mandetea anceastors. That was the only time that Mandetea came to this place. Igathage and Kolua were women.

Ria married to Igathage and Gura married to Kolua. When Igathage had some children known as Sulupi, Tilale and Kerevaena. When Sulupi had two children she called them Kerevaena and Takule. Both of these were women and when they children again they name them as Matekiki was a son belongs to Kerevaena while Takule got Mandetea and Vei. All the eldwomen and oldmen whom he mention were belongs to Piro.

According to our custom Piro's anceastors were all dead. The devil was belongs to Tako and not Mandetea's Devil.

COURT XXD.

Q. 1. What is Kotho?

A. Kotho is a symbolic part of the offering. It belongs to onogo.

Q. 2. Where did Tagamatana came from?

A. They brought it from Ngela.

Q. 3. Do you know which part of Ngela they got it from?

A. I did not know.

Q.4. Where is the stone now?

A. The stone is in the paddock.

Q. 5. Who gave the land at Tanginaiga to Piro?

A. I only heard that it is Piro's land but I don't know who gave it to him.

Q. 6. What did they put in the Gobamare?

A. They put Tagamatana at the Gobamare.

Q7. Who were the oldmen who burnt offering to your Devil?

A. Talaniata brought it and he gave it to Kakamo Lologo.

Q.8. Who bought the land at Barande?

A. The Europeans.

Q9. What was the name of the Company?

A. I don't know.

Q10. Where did the European got our custom money from before he paid the land at Barande?

A. I don't know but some of our people got those money.

Q11. How many land have you got at Tasimboko?

A. Two pieces of lands surrounding the Gobamare.

DEPENDENT XXD.

Q1. Which land did he give to Piro?

A. At Komukavoa land.

Q2. How did he get Bonogo and Tagamatana as his Devil?

A. I threw out one and kept one instead and that was Tagamatana which I have kept.

Q3. Where did Bonogo came from?

A. It came from Ngela. My anceastors who came first brought it with them.

Q4. Was it according to our custom to keep the two devils together?

A. Bonogo was our vigona and Tagamatana was our devil for tribal war.

PLAINTIFF WITNESS (1)

Plaintiff witness sworn states.

I heard from my anceastors such as Sula and Kiko also I heard from my mother Thuga who told me some stories about this land. The oldmen whom I have mentioned were also heard stories from our anceastors from the beginning. That is why I claim that the land is ours. They told me stories and they mentioned about Vothea's boundary, Mose's boundary Piro's boundary and Sotas boundary. They told me about the boundary of each piece of land. They even showed me where the boundaries were. If my anceastors didn't tell me about those boundaries I wouldn't have known anything. I didn't hear about Mandetea's on that land. I know where our devils are, Vothea's Devil is on his land, Mose's devil is on his land, Sota's devil is on his land and my devil is on my land too. According to our custom we must have our devil on the land before we own that land. When I came from Ngela I arrived and settled at Vaeavo. I went to Ngela because I was running away from the trible war. I was originally from Guadalcanal. I ran away from the devil ate up all the people in the villages. After the trible war was over I returned to my place and settled on my land. My anceastors were Kiko, Talaniata, Logo, Kakamo, Sura, Kudo and Sula. The Gobamare was made because of working together and therefore Piro gave a piece of land to Talaniata to built a Gobamare. My anceastors to Piro to make gardens at Komukavoa. Piro own the land at Komukavoa. The spearline which each one of us got was from the East side of the river to the coconut plantation. The piece which they gave to Piro does not go through to the plantation but it started at Komukavoa to Tenako.

COURT XXD.

Ql. Where is Sota's land?

A. At the plantation.

Q2. Who made the trible war that afraid of and you ran away?

A. Vanagataligu or a Giant.

Q3. Did those people who told you stories already died?

A. Yes, they died already.

Q4. Who were those people got their devils on the land?

A. Mose got his devil at Tholo. Vothea got his at Tenapao. Sota got his at Balisuna. Mine was at the paddock. a stone.

Q5. Can you name each persons devil?

A. Moses Devil was known a Bona Votheas devil was Puru. Sotas devil was Gerua. My devil is Bonogo.

DEFENDANT XXD.

Q1. Did you give the land at Komukavoa to Piro?

A. Yes, my anceastors gave it to him.

Q2. Why did they give it to him?

A. They gave it to him be he gave us a piece of land to build a Gobamare.

Q3. Who made the Gobamare.

A. My anceastors who built the Gobamare were Logo, Kakamo, and Talaniata.

Q4. Why did Piro became a labour to build a Gobamare?

A. According to our custom they must co-operate.

PLAINTIFF GENELOGICAL TABLE OF ANCEASTORS.

Note: Please refer to Pdf image below.

DEFENDENT XXD

Ql. Where did these oldwomen came from?

A. They came from Ngela.

Q2. Which part of Ngela did they come from?

A. They came from Toa.

Q3. Did they settle with anybody when they arrived?

A. They didn't settle with anybody but they settled at Barande when they arrived.

DEFENDENT STATEMENT.

Defendent sworn states.

This is the begining of their coming. Buthalia and Dika were the oldmen who were up and down or went to and from everytime. They came from Ngela.

They were the oldmwn who brought Uthu Uthu and that is why people of our area knew about this thing. Buthalia and Dika with Talaniata went to Ngela and on their return they settled with Nekama lines. Talaniata brought Koluvia with him. The Nekama lines which I mentioned were Boli and Kobea. When they settled they gave them the land at Iladalika and Dove. They brought with them their devil Tagamatana, from Luvuna at Ngela. They leaved Tagamatana at the Banian tree at Dova. I believed they own the land at Dova which the Nekama line had given to them. When Bunutia wanted to built a big house at Koilo he told everybody at Tasimboko to collect post of the house. Talaniata whom their oldmen went to Nugu and collect a very long post which was about 7 fatham long. That post was longer than everybody else posts. When they completed the large house they made some food to celebrate it. The reward of the long post Bunutia told Baruku and Kongana to give a piece land to their uncle and that is why they gave them at Gagavo.

The land at Gagavo is just a payment of a long post. As they settled at Gagavo land Piro had noticed that they settled on the land which full of crab holes that he decided to give them another piece of land called Lalali. That is the only piece of the land I knew they had given to Lologo and Tapalia. I didn't know that Tapalia and Lologo gave any land to me but I did give them a piece of land. There were three pieces of land which Mose and Myself own which Boroe had given us. Piro's land is what I had mention and on the other side is Vothea's land. At the north part of the land was belongs to Mose. They are telling lies when they say they have a land in here. They settled at Vaeavo when they arrived. At first place they mentioned that they first settled at Vaeavo and today they mentioned again that they settled at Barande Rono. At the north part of this river there was no other lived in there exept people of lathi line. According to my believe they arrived at Madalika. Also they have mentioned that they got their devil at Tena Kotho. I said they told lies about that. The devil at Tena Kotho belongs to Kukali. He brought it from Komutadai. Kukali was my grate grandfather who brought up from Piro. He did not live the devil at tena Kotho but he left it at Menisake. My oldmen did not settle here but they gave this land to Piro.

I came from Konda at Ngela. Norukuri was the first woman who had two daughters. They were Tako and Veke. Tako settled at Tasimboko while Veke settled at Gaimali. Tako then had another daughter called Toluna. When Toluna had another baby called Mui and Mui got another baby called Piro(1) and Kekana. Their brother was Kukali and Beli. Kolua and Igathage was their sister. Thaliudani which was a shark was my warior. It was at Tanginaiga. The well and the offering place were at Tanginaiga.

(1) They told lies when they mentioned that Bonogo was at Tenakotho.
(2) They told lies when they said they arrived at Vaeavo and Barande Pono.
(3) Also they told lies when they said they gave land to me.
(4) They told lies when they mentioned Vothea's devil at Tenapao.
(5) The stone at Sivi which they called Bonogo.
(6) They mentioned they got land at Tanginaiga.
(7) They left Tagamatana at Tanginaiga.
(8) Their boundary was not straight and it was going everywhere.

They just wanted to steal my land. At the beginning they were getting permission from Piro before they worked on the land. When Piro died and everybody else died they get permission from my mother before they work on the land. When my mother is getting very old everybody came to me for permission before they do what they like on the land.

I did not allow them to plant any coconut on the land but they did not want to hear what I said and they continued to plant coconut. Sura is only the person I allow him to plant coconut. Lastly when Lologo wanted a piece of land he gave me $25.00 to pay for a piece of land. I did not ask him to give that to me.

Defendant table of anceastors:

Note: Please refer to Pdf image below.

Viringidu Vulele and Bikusa stayed at the otherside of the river. Viringidu built a store at Girede. Viringidu fought with Malaita men that they poison him until he died.

COURT XXD.

Q1. Were Buthalia and Bunutia there oldmen?

A. They went to and from with these oldmen.

Q2. Which land being the payment for the post?

A. The land which is at Gagavo being payment for the post.

Q3. Who were the oldmen gave that post?

A. Buruku, Sopigabu and Seka.

Q4. How do you own that land?

A. The oldmen from Lathi line gave it to Piro.

Q5. Where did Thaliudani came from?

A. Thaliudani came from the West.

Q6. Why did Lologo gave you $25.00.

A. He wanted to pay a piece of land from me.

Q7. Did you cut that spearline before?

A. Yes we cut that spearline before.

Q8. Who was the name of the pig you use for offering?

A. I don't know.

PLAINTIFF XXD.

Q1. Was it before or after they sold the land at Barande when he gave me the land.

A. It was the time when they built the house at Koilo. I did not know whether it was before or after.

Q2. What did he plant on the land?

A. I planted some coconut trees, breadfruit and nut trees on the land.

Q3. How old was Botu, Vaesodo and Laka when they built the big house.

A. I did not know.

Q4. Was Bunutia who built the house was Kogana and Buruku's anceastors.

A. Yes, they were his anceastors.

Q5. Did his grandmother get any money when they paid the land at Barande?

A. I did not know whether they got some money or not.

Q6. If he said that he gave the land to me why did he look for somebody when he wanted to cut a spearline?

A. I am to young and if I did the cutting myself I would go further and cut somebody's land.

DEFENDENT WITNESS (1)

WITNESS SWORN STATES.

The place I knew where Manedetea came from was Ngela. The actual place was Konda. They came to small Ngella and settled at Vuturua or the other name was Tune. Their land at Ngela was also at Tume. Norupuri was a woman whom they with. Norupuri had two children called Tako and Veke. Tako arrived here while Veke arrived at Gaimali. Veke's group got their devil and left it at Gaimali and Tako arrived here and he left his devil here. Those who arrived at Gaimali owned the land at Lasa. Those who arrived here settled with my oldmen Boroe and Sagia. Those who arrived at Gaimali settled with Tetele a man from Lazi line. Those who settled here were given a piece of land by my anceastors. Bebeli was the oldman who incharged of those who arrived at Gaimali. Those who arrived here were incharged by Kukali. They settled at Gaobata until Kukali told them to come over here. When they came they got a child called Veke but the child was a boy instead of a girl. Veke was getting married and settled at Tetere. Veke was getting married to Taginia and had some children called Tota, (Female) Thairia (Male) and Tabala (female). She took some of the women and married to some people. They were Gura and Thinage. Igathage and Kolua got a child called Tilale. Kukale ordered them to come and settle with him and because they came together they settled in this place as one.

They cannot stay in this place because they were too many that they gave them the land at Komukoga, Tenakogo, Tenako, Nugunireko and Komukavoa. The spearline at N/West was at the nut tree from the old river bed and on the North was at Kukua right to the Omi tree called birui to the Mango tree called agoago.

The next kona of the land was from N/East and went south to Sela Vatha and Komidi. They paid for those pieces of land before they own them. My anceastors put a heap of food and called those people who got those land. They put the heap of food around the nut tree. Keani and Bolisonia cut the nut tree down and when it got rotten the heap of the soil still left there. During the court in 1971 it inspected the nut tree. I have planted some flowers round the nut tree. The court had made a map of the tree. There were people from Thogo lines, Nekama lines, and Lathi lines who have come to witness this heap of food. Most of these people were those whom I have given land to them. There were three people that I didn't give any land to them. I gave the land to Vothea and Vothea gave it to Gaobata lines. Gagavo land was given by Boresi, Buriku and Bunutia to Lologo and Tapalia. Those whom we have given them the land have also come to the heap of food. There were two groups I had payment from and what they gave for the payment is still at my possession today. I got a Sauthangavulu from Kukali and Bebeli and I got Savi from Vothea. I did not know the amount of pigs they had given during the payment but I think it was about 40 pigs. The last person of Lologo's anceastors was Sula. When Sula was still sick he told Nginesi that her children should look after the own the land. Sula told Nginesi's children to own that land because they were arrived together and used to work together on that land. Kobea, Boli and Luvena said that the land was their father's land when the school was first built at Papaka. Sulupi and Sula did not allow the school to be built at Papaka. Sula and Sulupi said that the area is too public so they decided to put the school at Loki. At last they didn't built the school at Loki because Susa and Talithia were raped by some people.

XXD BY PLAINTIFF

Ql. What sort of devil did they have at Gaimali and what sort of devil did they have here?

A. It was thaliudani both from east and west.

Q2. Did they give me the land at Gagavo when the house was completed?

A. Yes, he was given a land at Gagavo when the house was completed. He settled at Madalika at first place.

Q3. What is the land at Dova in payment off?

A. They gave that piece of land at Dova because of Co-operation between them.

Q4. Were Buthalia and Dika was Bunutia's anceastors?

A. No, they were not his anceastors because they were of different lines.

DEFENDENT WITNESS(2)

The boundary which I know from the begining when the people done the cutting and I was accompany them during those days was started from the east part of the river to the west side until it came to the place the European have got. They showed me the place that Sura's group used to work. During those days I settled at Koilobongi with Timigela, Kapini and Sura.

The boundary was made when I was still at Penutu, I saw Kapini and Sura making gardens ones on that land. Also my mother had a garden there too. Sura did not make gardens at all a Laza but he made his garden at Lalali land. Inside the land at Loki, Momole and Komukavoa there were several of us who worked there, such as Kapini, sasa and Tabala. At the west side of the river we worked at Vulekaku and Tenakotho. This was inside the Lazi lines land. Inside the south part of the land is where Sura and Sula used to work. It went as far as Ngalimera. Tupa and Tagora were Thogo's nut trees. Baesi's nut tree was on the north part of the land which inside the Lathi's land. The breadfruit is on the north boundary of the land. It was planted by Kake. Tua and Sodo settled at Tua.

XXD BY PLAINTIFF.

Ql. How far is the middle boundary went to?

A. It went as far as the Mataga tree and continued west.

Q2. Where did it went to from the east?

A. From the Mataga tree and continued east until it came right to the Omi tree until it turn North.

Q3. You have grown up amongst Piro's anceastors what did you know about Mandetea to Piro?

A. I don't anything about him.

Q4. Were Piro and Mandetea one or defferent?

A. They co-operate during the olden days.

Q5. What did you know about Piro's anceastors are some still alive today?

A. My brother Sula told me that if he died Piro's anceastors will be finished.

Q6. Were Piro's and Mandetea's anceastors arrived separately?

A. Yes, they were.

Q7. Were Piro and Mandetea have separate devils?

A. They have separate devils.

DEFENDENT WITNESS (3)

DW Sworn states.

At the begining we came from Ngela. When we arrived one woman settled at Gaimali and one settled here. Norupuri born Tako. Tako then had a child called Mui. Mui then had another child called Igathage. When Igathage had some children again she called them as Kekena, Veke and Piro.

Tulithia mentioned later that we did not work on the land. My mother had some money from Piro. My mother was getting married to a person of a Nekama line and that caursed us not to work on the land. The oldmen told my mother that the land was ours. My mother was getting married to a different place and that's why we did not work on the land. We arrived upon Mose 's care and they told us to work on the land and also he showed us the land. When we settled they told us that we had another piece of land at Gaimali. Piro had two wives. They were Gusia and Thugura.

Piro the first was the beginning of our Generation. Thinage was Piro the second's mother. Kubali and Tuanivali were Piro's uncle. When Beli arrived at Gaimali Piro's anceastors still existing.

Kukali went to get the ria and left it at Tenakotho. Piro including others didn't want to put it at Tenakotho so they took it from there and left it again at Menisakeu where the boundary of the land is. Kukali took the ashes of our devil (saka) and left it Menisake too. We arrived upon the hands of Boroe and Sale and we came with our devil. There was a burial place of our anceastors at Tanginaiga. Also there was a place of a shark called Thahudani at Taninaiga. In the shark fence Gai Made a first offering while Virinidu buried the ash. The first lazi line who own this land was Mose.

XXD BY PLAINTIFF

Ql. Who was the devil that Veke took it with him when he arrived at Gaobata?

A. That was Thaliudani bagea.

Q2. How did Igathage born Piro because according to what I know Piro's mother was Manoga?

A. I didn't know about Manoga.

JUDGEMENT.

The piece of land which is under dispute found that it is immaterial as there is no clear indication concerning the ownership of both parties over this land. The Court found that each of whom were originally from Ngela, and when from the beginning came over they settled at the different parts of the area rather than on the land concerned. The defendent however settled amongst those who have already occupied the land whereas the plaintiff settled at different areas. The deffendent stated that the land was given to Piro by the first settlers on the land. The defendent claimed Piro to be his anceastor and therefore claimed the land to be his.

The plaintiff due to the various aspects of the land on which he was first settled such as no bad quality, the defendent then gave him a piece of land from the original piece of land that was given to him by the first occupant of the land.

During land inspection the Court didn't find any tabu places on disputed land. Tabu place of both parties were found in undisputed areas. However according to their statements concerning their tabu places from other areas the Court when surveyed found nothing. Neither of these tabu places been disputed by either parties.

Initially this disputed land was given to Piro whom the defendent claim to be his anceastor. From the DW1 statement he disputed it. He stated that Piro and the defendent anceastors only co-operate in doing things during the olden days, and because of this co-operation the defendent has a right to inherit the land in place of Piro. From the table of anceastors the defendent frame out how Piro as his anceastor.

DECISION:

Therefore the Court found that Mandetea should have a right to be an inheritor of the land in place of Piro.

S. Palua	C. Geladika
President	Court Clerk

21/9/82.