Baitoko v Saueha [1985] SBLC 1; Civil Case No 7 of 85 (6 May 1985)

IN THE BELLONA LOCAL COURT

Civil Case No: Civ. 7/85

Held at Nukuitua on Monday 6th May, 1985

BETWEEN:

TANGEI BAITOKO
Plaintiff

AND:

MORRIS SAUEHA
Defendant

Before:	President	John Tay
	Member	Taunga Andrew
	Member	Daniel Tubanuku
	Clerk	Eddie Muna

Note: At the preliminary hearing of this case on 16th July, 1984, the Plaintiff objected the Bellona Local Court to hear his claim in this case. His ground of objection was that he had lost one of his land case in the Bellona Local Court in 1983, there fore he would not confident of having his next claim on land matter be heard in this court.

His objection was granted and when it was forwarded to the Magistrates Court Central, his replied in his letter of 26th July 1984, to the Clerk of this court, states that he could not see why the Bellona Local Court to accepted such an objection.

The Magistrate Central then dismissed the objection and this case to be heard by the Bellona Local Court and that the East Rennell Local Court as requested by the Plaintiff.

Statement of Claim

Tangei Baitoko of Matahenua Village, claimed that his land called Hangetapu has taken by Morris Saueha of Gongona Village.

Both parties attend.

Claim is read and explained

Plea - NOT LIABLE.

This case is adjourned till Thursday 9th May 1985, at 8-30PM

This Court continue to hear Civ. 6/85 today 6th May 1985.

Court Resume Thursday 9th May, 1985

Both Parties attend.

No objection from both sides

Plaintiff S.O.B in the Bellona Language

The area of land beginning at Hangekumi to reach Baisapini were owned by a man named Tebakatoa of the TEHANGETA'ANE TRINE. The Hangetapu land which is disputed now is located in this area of land.

Tebakatoa the owner of those areas of land had given them to Taupongi the founder of our tribe because he had married his daughter named Tehau.

Actually the areas of land we did own reached a place called Pouono. The son of Taupongi was Muia. He inherited those areas included the land disputed from his father. Muia however was killed but he had no son, therefore those places were left with no body to own because our tribe was ceased to exist from Muia. After some years, Saueha was sent by his father Taukiu of the Patenu tribe to begin the descendant of our tribe at Hangekumi. It was then did Saueha own those areas included the land disputed.

The sons of Saueha were Tehaibakiu and Semua. It was Semua who inherited those areas from his father. Semua died in Australia during the black birding days. The sons of Semua were Sangoihenua, Tehaibakiu and Saueha. When Semua died, his three sons were only little boys. No one from his sons did Semua appoint to own those places since they were only little boys when he left for Australia.

There was a man named Saugongo of the Nukuagoha tribe who was also my grand-father, came and settled at Hangekumi and then owned those places. As Sangoihenua my grand-father grew up, he decided that he would be good to Saugongo so that he would give him back the land of our tribe. Saungongo in many a times and in may ways assisted Saugongo in all his activities. When Saugothenua grandually came to his state of manhood, and Saugongo had witnessed all the assistance he had done to him, he gave him back theses places included the land disputed.

Now Sangoihenua my grandfather owned those areas of land and Peter the area called Pouono to his brother Saueha the grandfather of Morris Saueha the defendant. Sangoihenua brushed an area near our Settlement at Ubea and named it Ahea.

Sangoihenua later discovered that his area of land called Baisapini was brushed by Toatupu of the Baitanga Tribe. Sangoihenua went along and in next to the area brushed by Toatupu he brushed it and made his settlement there and named Hangetapu.

The old names of the area below Hangetapu were Sukingua and Tabangaba. This area was regareded as a tambu spot in regard to a big tree in the area called Tapa'ago.

The next person to settle and owned the land of Toatupu which was next to the settlement of my grandfather at Hangetapu was Saova. He had invaded the settlement of my grand-father Sangoihenua at Hangetapu after he was killed. Saova had built his earth bankment at Hangetapu; an extension of the one built by Sangoihenua, he also found a coconut growing at Ahea which was next to Hangetapu. He also cleared it up, cleaned it and then claimed it as his coconut and Ahea land as well.

After some years since the death of Sangoihenua Saueha the Grand-father of Morris and Saova met and told stoies together. When Saveha learnt that Saova had claimed the young coconut grew at Ahea, he went along and cut it and then he ran away. This young, coconut was at Ahea and not a Hangetapu.

Saova continued to settle at Hangetapu and left aut Ahea which he had intended to own. When Saova died Niutai came to settle in his area included Hangetapu. When Niutai died, Kaihuei came in and owned the land, while settled at Hangetapu, he also intended to own Ahea. He made his garden taro and banana at Ahea.

When Saueha heard it he asked his daughter Tesangukava to spy and to keep a close check on the gardens of Kaihuei. When Saueha got the information from his daughter that the crops in the garden taro were grown up, he came along and damaged them, that was at Ahea and not at Hangetapu. When Kaihuei saw that, he left Ahea land but settled at Hangetapu.

When Kaihuei died and his son John was only a little boy, Namona the son of Niutai came and settled, then owned Hangetapu and theirs at Tuhunui.

At that time there was a civil war between our tribe and the tribe of Baitanga where Namona came from. Namona went and settled at Tenagua district. Though, he went away in the area, he still claimed the land.

When my father saw the land grown with big trees etc, he decided to brush it which he did. His wife told him the area was owned by Namona. My father prepared some food (local) cooked them and gave them to his wife and brought them to Namona. This, my father would like to make his garden at Hangetapu. The wife of my father arrived at the home of Namona at Tengua and after given him the food, she told him that her husband Atikake asked if the area at Hangetapu could allow for his garden.

The request was granted, however, Namona ordered the wife, of my father to go and tell her husband not to plant any coconut in the land.

Adjourn 15 minutes.

Court Resume

When the wife of my father came and told him the story, my father said, after all this land was of our tribe, so dad made his garden at Hangetapu land.

After his garden was harested, he cleared up the land on the area for his settlement. He planted his bananas and built his house. Then he planted two coconuts in the land. When Namona heard it, he came along and unroofed the two coconuts and put them near the house of my father. In return my father went to the settlement of Namona at Mataiho and unrooted the coconuts of Namona and put them near his house at Mataiho.

Namona and my father met and argued. Namona told dad that the land was their land and dad told him it was of his father Sangoihenua. After their arguement Namona finally agreed and gave back the land to my father. My father thanked Namona for given back their land. My father had given the goods to Namona A War club, bank clothe a mat and a necklace of flying fox tooth as payment of the land. Namona straighted up the boundaries of his land at Tuhunai and Hangetapu he had given back to my father. My father then owned the land and brushed it to reach the area we have surveyed when we went there. We settled at Hangetapu and dad had several feasts at the land.

After sometimes, civil area broke up between tribes at Bellona. We were afraid so we went away and settled in our settlements in the bush. My father and I visited Hangetapu at one time and climbed a nut tree called Gemungi. He told me the history of the land and how Namona had given him back the land. He also told me that he had given some goods to Namona as payments of the land. Then dad told me the land would be mind. Not very long my father was killed, we still lived in our bush settlements at that time.

After three months from the death of my father, christianity arrived at Bellona but the land was still owned by me and Teahemako the wife of my father.

When christianity was accepted by the majority of the island, each respective village formed their own organize church so we were at the church organization of Topue the father of Morris at Hangemangama. While we were, a man named Teikaegua who was my Uncle asked to make his garden at Hangetapu. He asked Tohemako. After he had harvested his garden, Teikaogua asked Topue to make his garden at Ahea which shares its boundary to Hangetapu.

Teahemako asked me to go and show my Uncle the boundary of Ahea and Hangetapu which I did. When my Uncle Teikaogua made his garden at Ahea, it reached the boundary of Ahea and Hangetapu where I had shown him.

Sometimes later, Topue the father of Morris asked Teahemako to make his garden at Hangetapu. Then later on he asked Teachemako again to make his garden taro at Hangetapu and this garden had caused John and Topue to argue over the area which shares their boundary together. The arguement between John and Topue became worse that John decided to Kill Topue.

Topue sent some goodd to John to prevent this idea of killing him. I asked Teahemako why she had allowed my land for Topue which caused a dispute between him and John. She said, I only allowed him to make his garden. This was when Topue the father of Morris came to own the land. I called in to Hangetapu one day and blocked the area where Topue had brushed. Although saw it, he had determinded to own the land. A number of Baghu tree in the area planted by my father and his wife were also taken by Topue. I called in to the area were Topue had brushed and cut a tree to fall to it.

Even though I did block the area, Topue insisted brushing the land. Then he planted his coconuts in the land. When his Morris grow up, he urgued with John about it so I called into the area and brushed it. No body from Morris and his father bothered at me. At many times I thought of that land becuase it is mind. Because Morris has claimed first in his report from me at Baegagi so in return I claimed Hangetapu land becuase it was my land from my father.

Adjourn 5 minutes

XX'N BY the Defendant
Q. Who gave you Hangetapu land you claimed?
A. My father Atikake.

Q. Who gave the land to Atikake?
A. The land was owned by his father Sangoihenua and then taken by the Baigenga tribe but Namona gave it back to my father.

Q. How many nemes did Sangehenua name to the area he did brush?
A. He named it Hangetapu My father named it Tumega.

Q. Who named the name Ahea?
A. It was Sangoihenua who named it but when your father started a settlement above the area, he named it Eepumasi and included Hangetapu to Ahea.

Q. Can you proof that Hangetapu was named by Sangoihenua
A. An area of Sangoihenua at the seaside Hangetapu. He got that name to name the land disputed.

Q. Did Sangoihenua also brush Hangetapu because it was only Ahea?
A. I say yes becuase those arears had no names until Sangoihenua brushed and named them.

Q. Whom did Sangoihenua give to own Hangetapu land?
A. No body owned it in our tribe since the Baitanga tribe took it at the time Sangoihenua was killed.

Q. Did Sangoihenua fail to give land to his sons or was only Huaikawa one of his sons that he did not give him any land?
A. He gave some lands to Atikake, Tangitonga but not Huaikava because he was only little boy.

Q. Which area was first to name, Ahea or Hangetapu?
A. Ahea 'cos it was first to brush and settled.

Q. Was there any disputing between Saueha and your father Atikake at Ahea you did claim?
A. No, the land was owned by the Baitanga tribe at the time you are refering to.

Q. Did you at any time disturb my father at Ahea you did claim?
A. At that time i.e after dad was killed his wife Teahemako owned it but when your father asked her to make his garden in the land and finally took it, I was annoyed and disturbed him.

Q. Why did we came to court about the land if there wasn't any disputing in the land?
A. Your dad and were urgued in the land concerned and finally he got it.

Q. Why did my grandfather Saueha urgue at Saova in the land and not your father?
A. Saueha was only urgued at Ahea.

Q. Why didn't your father disturb Huaikava when he brushed area at Ahea but not Tavngabea of Baitanga?
A. There wasn't any disputing between Huaikava and Taungabea in the land.

Q. Why didn't you and Teahemako disturb John when he brushed that land but only my father?
A. That was when your father asked Teahemako to make his garden in the land.

Q Why didn't you and Teahemako urgue John but my father?
A. At that time again your father had asked Teahemako to make his garden in that land.

Q. Why didn't you and Teahemako urgue with John but my father?
A. At that time again your father had asked Teahemako to make his garden in that land.

Q. Who spoilt the grave of Teikagango the brother of Tuangabea as a revenge of when the Baitanga tribe took Ahea?
A. The revenge was done by Saueha when the people of Baitaga by damaged his gardens at Ahea but not Hangetapu.

Adjourn 5 minutes

COURT RESUME
Q. Why didn't you and Teahemako disturb my father who my father paid to John the land and owned it?
A. It was not a payment. Your father was afraid when John decided to kill him so your father gave to John some goods a prevention to his life.

Q. If that is so, when did John give to dad part of that land and owned the next part to Tuhunui?
A. That was after my dad was killed and your dad took it.

Q. Did Semua give those areas of land to Saugongo or did he take it when Semua was died?
A. He took it by his own power.

Q. How would you proof that Saugongo was in the area?
A. He had planted his coconuts in the land and later unrooted them to plant at Paegetengaki.

Q. Wasn't there any disputing between my family and people of Baitanga at Hangetapu?
A. No.

Q. Didn't Namona also give the area below, to your father as you believed?
A. No.

Q Did my area at Tabangaba you did claim reach the main road?
A. Yes.

Q. Why wasn't the area below Tubbunui reach the main road?
A. It did. It was only a big tree below the area that believed to be tambu which caused the area of Hangetapu, not to reach the road.

Q. Sangoihenua brushed the upper part, who brushed the area at Tabangabe where my coconuts are?
A. It was Teikaogua who brushed it.

Q. Why wan't any one brushed it before?
A. It was a tambu area but the area was part of Ahea and not Hangetapu.

Q. If your father didn't brush it, why did you claim it?
A. Losts of Banga tree in the area were of Hangetapu, and was part of Hangetapu.

Q. You have said that you did block the area when dad brushed it, did you and dad make any urguement?
A. No, but I put the Sign to know I was not happy to see him brushing my land.

N.F.Q.

Time 4.0'clock

This Case is adjourned till Monday 13th May, 1985.

At 8. O'clock.

E. MUNA

9.5.85.

COURT RESUME 13TH MAY1985

BOTH PARTIES ATTEND

XX'N BY THE COURT
Q. How many names do you know for the areas of land disputed in this Court?
A. There are two names, it was named by my grandfather Sangoihenua to be Hangetapu and when my father owned it he name it Tumenga.

Q. How did the father of Morris take Hangetapu away from you after your father had given you that land?
A. The father of Morris took my land after he had asked Teahemako to make his garden in the land.

Q. Was the name Ahea included the area called Hangetapu?
A. No, the Area named Ahea is next to Ubea but Hangetapu is next to Tuhunui.

Q. Why did your father change the name Hungetapu to Tumenga?
A. My father seemed to like that name. He did name the settlement of Sa omakongu at Tavahiti to be Tumenga and when he owned Hangetapu he named it in that name.

Q. I have seen Atikake to settle in that place, was there any disputing between your father and the grand father of Morris who was Saueha?
A. No, there wasnot any disputing accured between them.

Q. When your tribe inherited those aways of land from Tebakatea of the Tehangeta'ane tribe after Sangoihenua owned them was there any land in the area?
A. The only area he had given to Saveha the grandfather of Morris was Pouono.

Q. Did Saueha the grandfather of Morris settle at Hangetapu?
A. No, he didn't.

Q. When we surveyed the land, there is an earthbankment just in the boundary of Hangetapu and Tuhunui was that the boundary you did mention that Namona of Baitange made?
A. No, that boundary was made by John and Topue the father of Morris.

Q. When Namona and Atikake met and told their stories regarding the area disputed, where was Saueha the grandfather of Morris?
A. Saueha was still alived and he was settled at Hangemangama.

Q. How big was your father Atikake when his father Sangoihenua was killed?
A. He was in his teenage.

Q. Why didn't Saueha settle at Hangetapu after Sangoihenua was killed and his brother Saueha responsible over their family?
A. At that time Saova of Baitanga had already invaded the land and owned it.

Q. Was there any body in your family included the family of the defendant got ill-feeling toward your father when Namona gave him back Hangetapu land?
A. No, there wasnot any ill-feeling from any one in our family and the family of the defendant

Q. Who built the earthbankment at Hangetapu?
A. It was built by Sangoihenua.

Q. After Namona had given back Hangetapu land to your father Atikake, did he also own Ahea land?
A. No, it was of Taupongi in the family of the defendant.

Q. Whom did you hear from to say Hangetapu land was yours, your mum or your dad?
A. I had beard it from my father.

Q. Did Taupongi in the family of the defendant inherit Ahea from Sangoihenua.
A. No, it was, Huaikava in their family who owned it and when he was killed then Taupongi owned the land.

Q. In which place from Ahea, Hangetapu, Pouno and Ubea were the area, regarded as a tambu area at Sukingua and Tabangaba was near?

Plaintiff Case Close.

Defendant S.O.B in the Bellona Language

Before I proceed to state my statement, I would like to say few things concerning Justice Taunga Andrew. After our case was adjourned on the 6th May, 1985, we went away and my mother told me she had seen the justice went along with Baitoko on the road I suspected they were talking about this case. My mother also told me she had seen the Son of Baitoko given some food to the justice.

Court retire to consider the objection.

Justice Taunga Andrew explained that when this case was adjourned on the 6th May 1985, he went home and met Baitoko and his son going. He said they were going in the same direction because all their homesteads are in the same direction they were going. He said he didnot talk to Baitoko concerning any thing in this case. He admitted that the son of Baitoko fed him but this is a common practise in our society to feed some one you meet.

Taunga Andrew left the court room.

This court considered the objection and seeing there is no proper evidence to witness that the said Justice and Baitoko discussing about this case. Therefore this objection is dismissed and the said justice to remain a member in this case.

COURT RESUME

The Plaintiff Tangei Baitoko is totally false in this case when he claimed my land during our mapping on the land disputed. Those areas of land where the area disputed is located were owned by TEHANGETA'ANE TRIBE.

Now I would talk on my land Ahea that Baitoko intended to wake. Actually there wasn't any name been given to those places. However, the only names known to those places were, Tabangaba area below the land disputed and Maunga the upper part to reach the sea side.

Those areas of land were owned by our tribe. It was not until my grand father Sangoihenua first to brush the area. He had brushed an area at the upper part of the land and an area below and made his garden banana in the spot being brushed. The below was left unbrushed becase it was believed to be near the area called Suringua and other areas called NA NUKU which were believed to be tambu places.

When my grand father Sangoihenua brushed that area, there wasn't any disputing to occur. After Sangoihenua harvested his garden banana, he cleared up the area and made his settlement there. He planted a number of coconuts in the land, built his house and settled in the land. He named it Ahea and this was the first time in history for the area to be named.

Sangoihenua had given this land Ahea to Huaikava the real brother of my father Topue. Sangoihenua settled in his homestead and then heard that there were enemies around who were planning to kill him. At those times, Saova of the Baitanga tribe settled in the homestead at Tuhunui which shared it's boundary to Ahea the land of my grandfather Sangoihenua. My grandfather Sangoihenua knew that if he were to be killed by his enemies, it would be Saova who would invade his land at Ahea. This had led him to compose a poem concerning his homestead at Ahea. In his poem, Sangoihenua had described how he would be killed and people give praise about it. He discribed those who would possess all his properties included his land at Ahea.

The poem was truely fulfuilled when my grandfather Sangoihenua was killed, for after he was killed, his coconuts and other of his belongings; at Ahea were destroyed by his enermies.

After some years, Saueha thought about all their lands in an area where the land disputed is. He paid his visit to the places and when he came to Ahea, he found that Saova had land an area where the land disputed is. He paid his visit to the places and when he came to Ahea, he found that Saova had his garden in the area. Saueha also found that Saova had found a young coconut growing at Ahea. He cleared it up and then claimed it as his At that time Saova was at Tuhunui which shared it's boundary to Ahea.

Saueha was displeased to see what Saova had done in his land. Saveha went along and stood just beside the young coconut cleared up by Saova. When Saova turned to see Saveha, Sauaha stared in an angrily look at him and then he cut that young coconut Saueha went away and Saova followed him. They were argued over land and finally Saova admitted that the land was of Hualisava but he made his garden in the land because he had no area to make his garden. My grandfather Saueha thanked him and asked to forgive him. Saova went back to his homestead and my grandfather Saueha went back to his bush settlement.

After some years, Saueha paid his visit to the area of Ahea and found a garden banana of Sungumau the daughter of Saova. Saueha was really disappoint to learn that his land had invaded by Saova. Saueha damaged those bananas and then went back to his bush settlement. So Saova invaded the land and made his settlement in the area and settled them.

Adjourned 15 minutes,

Court Resume

At that time Saova built an earthbankment in that land and named it Hangetapu. This is the name in which Baitoko has reported and claimed it for me. The name Hangetapu was named by Saova the earthbankment he had built at Ahea and this was after Sangoihenua was killed. My grandfather Saueha and had argued in those areas before Saova invaded them and named it Hangetapu.

After many years when Civil wars at Bellona were over, my grandfather Saueha came down and settled in his homestead near other and made, his garden in his land claimed by Baitoko in this. No body disturbed my grandfather Saveha when he made his garden.

When the sons of Sangoihenua grown up Saueha had given back respective lands he had looked after when their father Sangoihenua was killed.

Huaikava went along and brushed his land at Ahea. Atikake the father of Baitoko didnot disturb him. Huaikava brushed his land to reach the boundary shown by Saueha. He built his house, planted his banana in the land and settled there.

After some years, Taungabea of the Baitanga tribe came and saw the settlement of Huaikava. He was anguied so he damaged the house of Huaikava at Ahea and his bananas. Our family were disappointed to see this happened included Atikake the father of Baitoko. Though our family were many, it was only Saueha who took revenge and unearthed the grave of Teikagongo the brother of Taungabea. Later, Taungobea led his army to kill our people and Huaikaba was killed. That again caused Saueha and his family to go back to their bush settlement.

Saueha came back agan after making peace with Taungabea to his settlement at Ahea but Atikake the father of Baitoko did not disturb him.

Later on Saueha and his wife Amoika wife of late Sangoihenua brushed the follow above Ahea for their garden. Atikake did disturb them.

Sometimes later, Saueha and his son Topue who is my father make their garden banana in the land. The garden was harvested and held a big feast to honour their quests who came to them from Rennell. Atikake didnot disturb Saueha and his son in their garden. Later on my father made his garden pana in the area claimed by Baitoko Atikake didnot disturb my father.

Again, my father and Saueha made their garden pana in the land was at the time Teahemako asked Namona of Baitanga to make her garden at Hangetapu that the people of Baitanga did invade, Namona granted the permission so Teahemako and her husband Atikake made their garden in that land. Their garden was in boundary to the garden of my father and Saueha.

When their garden was harvested, Atikake and his wife cleared the earthbankment built by Saova at Hangetapu. They built their house on that land and Atikake named it, Tumenga. These two names Hangetapu and Tumenga were named to the area but my Sangoihenua had named its first name, Ahea.

Atikake and his wife settled in that land until they p1anted two young coconuts in the land. When the people of Baitanga heard it they came along and unrooted them.

Those who came unrooted the coconuts were led by Namona whom Atikake had asked to form in the land and John the grandson of Saova who has invaded the land which was once upon a time owned by our family.

Atikake and his wife settled at Hangetapu and after harvesting their garden they left the land, and John the grandson of Saova of Baitanga owned the land.

When Christianity arrived at Bellona in 1938, my father came down and settled in our lands. He went along and brushed the little area at Tabangaba, the area where my coconuts are now.

He made his garden in the area. A man named Kaikiu of the Gikobaka the Gikobaka tribe also brushed the area below Tuhunui at that time. They were the only people who did brusheth area at the time I referred to. Baitoko didnot disturb my father when he brushed out thet area at Tabangaba.

After some years, my father went along and brushed Ahea to make his garden banana. My father brushed the land to reach at where his father Saueha had told him, the old boundary right from Sangoihenua. My father at that time also brushed, the area at Hangetapu the Baitanga tribe had invaded. My father was working in the area when John came along and argued with my father. John went away and my father kept on working in the area.

The next day John came along with his friends intending to assault my father. After all their urguements there wasn't any solution to their disputing. My father heard that John was prepared to kill him. When my father heard the news, he kept his attention to it. A Cousin brother of my father named Margie came to my father and sort of given some advices to him. They finally decided to give compensation to John.

This they did by given compensation to John and it was Magie who brought those goods to John. John accepted it and gave back the area to my father. My father kept on working in his garden in the area and no one from Baitoko and Teahemako disturbed him.

After some years, my father brushed again the area known to be Tabangaba for his garden pana but Baitoko and Teahemako didnot disturb him. After the garden was harvest, my father made his settlement in the area. He brought some coconuts from the feasts of Taugenga of Ghogar and planted them there. My father included the name Ahea to this new area. For all the activities done by my father in the area but Baitoko was presented.

Later on, my father went along and brushed again the land for his garden. My father discovered that John intended to take part of Hangetapu by making a different boundary in the area. This was after my father had compensated John in all their previous urguements in the area. So John invaded part of Hangetapu and the next part left to Ahea. Since then, John owned the next side and my father and I owned the next side. Later on, my father brushed the upper part of Ahea and made his garden pana. It was harvested and a feast was held.

Our family had done lots of things at Ahea. My father had built 3 houses and two kitchens at Ahea. My father planted coconuts in the land. Those coconuts were damaged in the 1979 cyclone and I replaced them. Baitoko did not disturb me. My grandfathers made many of their gardens in the land and many friends and relatives did ask us and farmed in that land. I myself made fourteen gardens in my area claimed by Baitoko. A friend of mind named Baosa in 1978 asked me and made his garden in that land. It was not true when Baitoko said my father had asked Teahemako to make his garden in the area. My father made his garden without permission from any one because it was his area. It was my father and not Teahemako that Pautangata asked to make his garden in the area as claimed by Baitoko. Pautanga lived with my father and he got five gardens in the area all he asked my father. When harvested his gardens, Pautangata always give the priority share of those gardens to my father and not to Teahemako.

It was not true when Baitoko said he did block the area when my father brushed it. It was not true when Baitoko said the area next to Sukingua was brushed by him when he was ordered by Teahemako.

He didnot make any garden in my land at Ahea as he claimed. It was not true that Atikake paid the land to Namona. It was my father who paid it to John who is still alived now. He said he did bursh it when John and I were urgued in the area but I didnot see any brushing there.

The earthbankment in the area was not built by Sangoihenua as claimed by Baitoko. It was built by Saova and this can be proved by the fact that it was in line with his earthbankment at Tuhunui. Our tribe included the Plaintiff didnot build any earthbankment near the main road. Our family right from Sangoihenu, Huaikava Saveha my father and I owned the land at Ahea until this time. This is the history of the land disputed that my father and I know about it. That's all.

Adjourned 10 minutes

Court Resume

The statement is read again for correction purposes.

My grand-grand father Taupongi got his daughter from Tehau' married by Tebakatoa of the said tribe who owned those arears. It was Tebakatoa for this reason did Tebakatoa gave those lands to Taugongi the founder of our tribe at Hangekumi.

XX'N BY Plaintiff.
Q. Who was the first person to brush Tuhunui which shares it's boundary to Hangetapu, Toatupu or Saova?
A. Toatupu.

Q. If that is so, why did you say that it was Saova who urgued with Saueha in the area?
A. It was Saova who settled at Tuhunui when Sangoihenua owned Hangetapu.

Q. Why did you say the name Hangetapu was not named by Sangoihenua?
A. Yes, it was not named by Sangoihenua. He named the area he did brush to be Ahea.

Q. Why did Saova name the area to be Hangetapu?
A. I don't know but if the name was named by Sangoihenua I would have know the meaning of the name.

Q. Who invaded Hangetapu after Sangoihenua was killed?
A. It was Saova who took or invaded part of Ahea.

Q. Why didn't Saueha urgue at Niutai the Son of Saova when he owned the land?
A. My grandfather Saueha lived at his bush settlement and when he came down it was Saova who owned it at that time so he argued at him;

Q. Why didn't Saueha urgue at Kaihuei when he owned Hangetapu?
A. Kaihuei of the Batanga tribe had invaded it but it was our land.

Q. Why didn't Saueha urgue at Namona of Baitanga when he owned the land?
A. That land was longed before invaded by the Baitanga tribe from Saova.

Q. Where did Kaihuei made his garden taro that Saueha told his daughter Tesangukava to spy it, at Ahea or Hangetapu?
A. It was at Ahea later named by Saova to be Hangetapu.

Q. After Saueha damaged this garden at Ahea, do you know where Kaihuei entered and took revenge?
A. I donot know of any revenge taken against Saueha by Kaihuei.

Q. Why did Saueha unearth the grave of Teikagongo or what had caused Saueha to unearthed the grave?
A. When Taugabea damaged the properties of Huaikava at Ahea.

Q. If you say that we were settled at Ahea, why did my father ask his wife to go and ask Namona to make his garden in the area?
A. But the land was of our tribe but invaded by the Baitanga tribe.

Q. Why didn't my father ask your father or Saueha if the land was yours?
A. At the time you were refering, at the land had already taken by the Baitanga tribe.

Q. Did your family settle in the area when dad asked Namona to make his garden?
A. No, Infact no one in both sides use it at that time you did refer to.

Q. Didn't you know because we are in this case urgue at Hangetapu but not Ahea?
A. The name Hangetapu was later named, but the area was Ahea.

Q. Didn't you know because Huaikava made his settlement at Ahea but not at Hangetapu?
A. The name Hangetapu was given to the area later on. But it was named longed before to be Ahea.

Q. Didn't you know because Pautangata asked your father to make his garden at Ahea and my father asked Namona to make his garden at Hangetapu?

A. Pautangata didnot make any garden in the area before Christianity came to Bellona.

Q. Wehn did Pautangata ask Teahemako to make his garden at Hangetapu, before or after christianity?
A. Pautangata never asked Teahemako to make any garden in that land.

Q. Didn't you know because your father did ask Teahemako to make his garden in that land?
A. My father never ask anyone in all his gardens in the area. They were his lands.

Q. Didn't you know because your father had damaged some of our trees like banghu banga etc in the area at Hangetapu when he made his garden there?
A. I never know of any of your trees destroyed by my father in the area.

Q When did your father and you plant your coconuts in the area, before or after christianity?
A. After christianity.

Q. Didn't you know because I had blocked the area when your father brushed it?
A. I never heard from my father what you have said.

Q. Didn't you know because I had urgued with your father but you were not yet born?
A. But my father didnot tell me any of your disputing in the area.

Q. Why did your father and you take the land of my father at Hagetapu seeing I am his Son?
A. Your fahter only asked the Baitanga tribe to make his garden in the land but our history the land was ours i.e. my family

Q. Didn't you know because my father paid it to Namona?
A. Your father didn't pay it to Namona.

Q. Did my father do all those things before or after christianity?
A. Before christianity, but that when he asked the Baitanga tribe to make his garden in that land.

N.F.Q.

Time 4.0'clock.

Adjourn until tomorrow, Tuesday 14/5/85 at 8.30 a.m

E. Muna

COURT RESUME. TUESDAY 14TH MAY, &1985

Both Parties Attend.

XX'N BY COURT
Q. Which tribe really owned the Hangetapu 1and from the Hangekumi tribe and the Baitanga tribe?
A. It was the Hangekumi tribe who owned that land then invaded by the Baitanga tribe by Saova and named it Hangetapu.

Q. When Saova invaded that land, what was it's boundary to the west end of the area taken by Saova?
A. Only few yards away from where our present boundary to Tuhunui is.

Q. Where did Saova build his eathbankment Ahea or Hangetapu?
A. The area was Ahea but later named by Saova to be Hangetapu.

Q. Who built that earthbankment?
A. It was Saova who built it.

Q. The plaintiff did mention that his father did plant two coconuts at Hangetapu, why did Atikake plant those coconuts at Hangetapu, did he plant those coconuts thinking that the land was of Hangekumi or of Baitanga?
A. He believed the land was of the Hangekumi tribe.

Q. Did Atikake plant those coconuts on behalf of Sangoihenua or of Huaikava?
A. He planted them on behalf of Sangoihenua.

Q. What was the name of the area that Saova didnot invade in boundary to Hangetapu?
A. The only name given to the area was Ahea.

Q. Where did the people of Baitanga destroy all the properties of Huaikava, at Ahea or Hangetapu?
A. Ahea, but the area of Ahea at that time reached Hangetapu.

Q. When the land disputed was named to be Hangetapu, where was Huaikava at that time?
A. He was only a little boy.

Q. Did the areas at the upper part of Hangetapu were also invaded by Saova?
A. No, he didn't.

Q. Who gave Hangetapu land to your father?
A. John of Baitanga.

Q. Why did you deny when Atikake paid that land to Namona of Baitanga?
A. The people of our tribe didnot know that.

Q. How many gardens of your father at Hangetapu before Xianity came to Bellona?
A. There wasn't any garden since that land had been invaded by the Baitanga tribe.

Q. Did John disturb your father after he had compensated him that land at Hangetapu?
A. Yes, John Did.

Q. Did Taupongi the son of Taupongi own any piece of land in the area Concerned.
A. No, he didn't own any area in the land concerned.

Q. Didn't you know that the area was taken by Tupongi after Huaikava was killed?
A. It was Saueha my grandfather who owned the area after Huaikava was killed.

Q. Did your family know that Hangetapu was named by Atikake to be Tumenga after he had paid the land back from the Baitanga tribe?
A. Yes, we do.

Q. If that is so, why did you deny the family of Atikake were not right to own that land?
A. Because Sangoihenua gave that land to his son Huaikava.

Q. Who took revenge to damage the coconuts of the Baitanga trine at Mataiho after the said tribe damaged coconuts at Hangetapu, Saueha or Atikake?
A. It was Atikake who took the revenge to damage those coconuts at Mataiho.

Q. You have mention lots of activities done by your family at Hangetapu, were those activities happened after or before christianity came to Bellona?
A. Some were before Xianity came and some after.

Q. Were those gardens inside the land disputed?
A. The upper area of the land claimed by Baitoko were not the area of Hangetapu and that was where these gardens were made. Since Baitoko claimed those areas as part of Hangetapu. I say yes those gardens were inside the area disputed.

Q. Did the people of Baitanga know that Hangetapu land was named by Atikake to be Tumenga?
A. Yes, they do.

Q. You have mentioned the land was given by John to your father. Were there any urguements between your father and John in that land before given the land to your father?
A. Yes, there were urguements.

Q. Did John give toyour father the area invaded by Saova on only the eastern end of the land disputed?
A. The area given by John was not the true boundary.

Q. Who owned the houses that were at Hangetapu before christianity came that I did see it myself?
A. The houses of Atikake when he settled in that land after he got it back from the Baitanga tribe.

Q. How many times did the people of Baitanga give that land to your people, i.e. the people of Hangekumi where Baitoko or you came from?
A. It was only the time that John gave it to my father.

N.F.Q.

D.W.1 S.O.B. in the BELLONA LANGUAGE

Before the first witness to state her evidence, the plaintiff objected that she is his enemy and so with the D.W. 2 Sauhona Temasu'u. He said that he would not favour them to witness for the Defendant in this case.

Court retire to consider the objection

The Court discussed the objection and could not find any provision in the Local Court HandBook 1979, regarding such matter. Therefore this Court dismissed the objection and the D.W 1 & 2 are still serving as witnesses to the Defendant in this case.

COURT RESUME

I would like to tell my story inregard to the land disputed claimed by Baitoko Tangei. The land disputed was owned by the tribe of Hangekumi. The original name of that land was Tabangaba.

It was Sangoihenua who first to brush it and made his garden banana in the area. After his garden was harvested, Sangoihenua made his settlement in that land and named it Ahea. He had planted some coconuts in that land and built his house. It was Huaikava the son of Sangoihenua who inherited that land from his father.

Sangoihenua knew that soon he would be killed and a man from Baitoko who settled in his homestead at Tuhunui named Saova would take over his land.

Sangoihenua did compose a poem to decribe that after he would be killed some people would own all his properties especially his land at Ahea. This poem was composed for the praise of Ahea but not Hangetapu. After Sangoihenua was killed, his enemies came destroyed all his properties at Ahea. Saueha survived so he escaped to settle at their bush settlement.

One day Saueha paid his visit to all their lands and when he came to Ahea he found the land was brushed and a young coconut grown at Ahea was cleared up. The area brushed was by Saova of Baitanga for his garden. Saueha was very disappointed to see the fulfilment of the poem composed by Sangoihenua. He saw Saova at his homestead at Tuhunui. When Saova saw Saueha and Saueha stared at him, he cut down the young coconut at Ahea claimed by Saova. Saueha went away and Saova followed him. They met and argued. After their arguement Saova admitted the land was of Huaikava. Saueha thanked him forgiven him back their land. That was the first dispute ever to occur at Ahea, and this was happened after the assassinate of Sangoihenua who first brushed that land. Saueha continue to settle in his bush settlement. He paid his visit to land disputed and found a number of bananas of Sungumau the daughter of Saova. He damaged those bananas and it was a night time. He went back to his bush settlement. Saova invaded part of Ahea and made his settlement in that land. Saueha could consider paying any more visit to the land because he was afraid.

When Civil wars on the Island were ended, Saueha came down to his lands included the land, dispute. It was then did Saueha married his wife Amoika the mother of Topue my hushand. Saueha adopted the children of his brother Sangoihenua who were yet little ones. Atikake was also among those children Saueha looked after the lands of those children.

Saueha and his wife made their garden banana at Ahea the area been brushed by Sangoihenua. Saueha in that garden did burn a big tree near the area called Sukingua, and that spot was known to be a tambu. His hand got paralysed a result of his work in that tambu place. The wife of Saueha did compose a poem inregard to the garden of her husband in that area in praising.

After some years, Saueha gave back that land to Huaikava. He did brush the land to reach its boundary shown to him by Saueha. Huaikava also brushed Hangetapu because it was an area of Ahea. He built his house and planted his bananas when Taungabea of Baitanga learnt that Hangetapu had taken back by Huaikava, he went along and damaged the bananas of Huaikava and his house.

It was Saueha who took revenge to the damaging done by unearthed the grave of Teikagongo the elder brother of Taugebea and took those bones away.

This led the army of Taungabea to hunt out Saueha and finally they killed Huaikava. This caused Saueha and his family to go back to their bush settlement.

After some years, Saueha decided to go to Taungabea and made peace with him and that he did. After that Saueha and his family came down and settled in their lands and once again Saueha went back to Ahea. Atikake was at that time but he did not say any thing. The land at Aheawas of Huaikava but when he was killed, Saueha, father owned the land Saueha made his garden yam in that land and that was after Huaikava was killed Atikake did not disturb him.

After some years, Saueha and his son Topue made their garden bana in the area. A feast was held and his friends from Rennell attended the feast. This garden was at Ahea. Atikake didnot disturb him. After some years, Topue came brushed, the area where his father had brushed for his garden and made his garden in the area. Then later on Saueha, his wife and Topue brushed the area again for the next garden. The people of Baitanga and Atikake didnot disturb the gardening.

It was in the same year did Teahemako asked Namona to make their garden at Hangetapu, so the garden was made and it was next to the garden to Saueha and his family. After his garden, Atikake made his settlement in that land. He built his house to the earthbankment built by Saova at Hangetapu Atikake named it Tumenga. The names Hangetapu and Tumenga were named to the area but its original name from Sangoihenua was Ahea.

Atikake planted his coconuts in the land and the people of Baitanga unrooted them. Atikake and his wife left the land after their garden was harvested.

In 1938 christianity came to Bellona so Topue came down from his bush settlement and settled in his land. It was then did Topue brush the area left by Sangoihenua at Tabangaba. Later on, Pautangata asked Topue to make his garden at the area called Sukingua Pautangata brushed it and after his garden we made our settlement there and its' name was Kepumasi. This area is also claimed by Baitoko in his claim. Topue brushed the area below Ahea to reach the area brushed by Haikiu below Tuhunui.

Later on, Topue brushed again the upper part of Ahea included Hangetapu becuase it was of Saueha his father. When he brushed it, Hohn interfered and they were argued. Later on, Hohn and his gang came to fight against Topue in the area. Baitoko wasnot there. After that, John and his gang went away and not long Topue heard that John has prepare to come and kill him. Topue was awared of the news. His cousin brothers Magie adiced Topue to compensate John so that they could be friend again. Topue agreed and Magie brought to John some goods as compensation. John accepted it and he gave back the land to Topue. Topue went and brushed Ahea and Hangetapu and made his garden banana in the area. The area called Hangetapu was part of Ahea. After his garden, Topue made his next garden in the area below trees etc in the area.

After some years, he brush again the area he did argue with John previously and made his garden pana. Topue discovered that John did brushe it He claimed part of Hangetapu and the next part was left to Ahea. There wasn't any disputing between John and Topue. He also brushed the upper part of the land disputed for his garden. The garden was harvested and a feast was held. This is what I know about the time Topue used the land.

I married to him in 1947, and in 1950 we made our garden in that land and after it was harvested we started our settlement there. In 1951 he planted the area with coconuts. We built our house there. We left that place and moved on to the next land of ours.

Many friends and relatives asked us to make their gardens in that land. In 1969, we also made our garden in that land and we built house in the area. We made our gardens with other friend and relatives in 1979 we also built our house there. We had built 3 house and kitchens in that land and the family of Baitoko didnot disturb us. Pautangata did make his gardens in that land after asking Topue. He got five gardens in that land.

My mother Tebaipua asked Topue and made her garden in the area. Our relative like Hautahi my sister Peamasi and her husband also made their gardens in that land. Other people like Tago Saugoga. Basa, Tehabinu and Sauhonu who also get their permission to make their gardens in that land, also Baosa.

Our family got 34 gardens in that land and not a time did Baitoko disturb us. Not until I learnt that Baitoko and his son claimed the land for the first time as theirs.

Adjoures 10 minutes.

COURT Resume

The statement is read again for correction purposes.

The area called Kepumasi is not disputed in this case.

XX'N BY the Plaintiff
Q. Who first to brush Tuhunui, Toatupu or Saova?
A. I am not concern about Tuhunui however, I had heard some one said it was owned by Toatupu others said Saova.

Q. Didn't you know because the land was of Sangoihenua?
A. The name Hangetapu was named by Saova not Sangoihenua.

Q. What made Saova to name that land Hangetapu?
A. All I know is that it was Saova who gave the name Hangetapu.

Q. Why did you try to include Hangetapu to Ahea?
A. The whole area was named Ahea.

Q. Didn't you know because the earthbankment at Hangetapu was built by Sangoihenua?
A. It was Saova who built it but not Sangoihenua.

Q. Why did you say the land was not ours, didn't you know because it was owned by Sangoihenua?
A. I agreed the land was of Sangoihenua but Saova had invaded it.

Q. Why did you disagree that the name Hanetapu was named by Sangoihenua if the land was his land?
A. The tribe of Hangekumi know that the only name given to the area by Sangoihenua was Ahea.

Q. Do you know because I am not claiming Ahea but Hangetapu?
A. You are trying to claim both the areas.

Q. Didn't you know because the area I did claim is Hangetapu?
A. It is not Hangetapu, you are claiming Ahea.

Q. Do you remembered a nut tree (banga) in the boundary of Hangetapu and Ahea your family had burnt?
A. That nut tree was at Ahea not at Hangetapu.

Q. Do you remembered a nut tree (gemugi) in the area of Hangetapu?
A. That nut tree was at Ahea and not of Hangetapu.

Q. Why was it that it stood just at the main centre of Hangetapu?
A. It was at Ahea.

Q. If you say it was at Ahea, why did my father brush it and Saueha did not disturb him?
A. That's not true.

Q. Didn't you know because my father made his gardens in the upper part of Hangetapu?
A. Tha't not true.

Q. Didn't you know because my father owned that area at the time Pautangata made his garden at Ahea?
A. That's not true.

Q. Did Pautangata make his garden at Hangetapu
A. Yes, he asked Topue.

Q. Did your 34 gardens mention were before or after christianity?
A. That was after christianity came to Bellona however, only 2 were before christianity came.

Q. Why did you say it was Topue who brushed the area near Sukingua?
A. He brushed near that area.

Q. Did Pautangata also brush the area called Sukingua?
A. Yes, he did.

Time 4.0'clock.

Adjourn until Monday 20th May, 1985, at 8.30 AM.

Court Resume. Monday 20th May, 1985.

A letter received from the plaintiff that he is sick and could not attend court today, The Defendant attended.

This case is adjourned until the Plaintiff recovers from his illness.

(Eddie Muna)

COURT RESUME AND HELD AT TANGAKITONGA VILLAGE ON 9TH SEPT. 1985

Plaintiff didnot attend He is in Honiara.

CXM BY COURT
Q. Who named the name Hangetapu?
A. The name was named by Saova.

Q. Who disturbed Saova when he worked on the land?
A. Saueha.

Q. Who owned the land in question, the Hangekumi tribe or the Baitanga tribe?
A. The Hangekumi tribe.

Q. When Sangoihenua owned that land, was there any other main road at the eastern side?
A. No, the area was only one area.

Q. Who owned Hangetapu after Sangoihenua was killed?
A. Saova invaded it.

Q. When did Huaikava came to own those areas?
A. After Sangoihenua was killed.

Q. where was Saueha when Atikake asked Namona to make his garden at Hangetapu and later named it Tumenga?
A. He was still alived, but the land was invaded by the tribe of Baitanga

Q. When the people of Baitanga came and destroyed everything at Hangetapu, where was Saueha?
A. He was still alived.

Q. The land was named by the people of Baitanga to be Hangetapu, then Atikake re-named it Tumenga, did Huaikaba give any name to the land when he owned it?
A. No, he termed the land, Ahea.

Q. Did Saueha disturb Atikake when he settled at Hangetapu and re-named it, Tumenga?
A. No, the people of Baitanga had invaded it.

Q. If the land was invaded by the people of Baitanga why did Atikake name it Tumenga if the ownership was by the said people?
A. He re-named it after he had asked Namona of Baitanga to farm in the land.

Q. Did Topue ask any body before making their gardens at Hangetapu?
A. No.

Q. The people of Baitanga unrooted the coconuts plainted by Atikake at Hangetapu. In return, Atikake took revenge and unrooted the one at Mataiho of the Baitanga people, why didn't Saueha interfer?
A. The affair was only concerning the people of Baitanga who had invaded the land at Atikake.

Q When did Tapue make his gardens on the land in qestion, after or before you were became comples?
A. Both.

Q. Did any one from Baitanga dispute Topue when making those gardens?
A. Only John who disputed him.

Q. Did the people of Baitanga own the follow garden at the upper part of the land dispute?
A. No.

Q. Whom did the Plaintiff ask permission to make his garden in the said follow garden?
A. He didn't make any garden in the said area.

Q. How long did Atikake settle in the land dispute?
A. He settled there for years but not too many.

Q. Did Atikake name the land to be Tumenga on behalf of the Hangekumi tribe on Baitange tribe?
A. I do not know.

Q. When Atikake settled at Hangetapu how old was your husband Topue?
A. He was a big or a mature man.

Q. After Atikake was murdered, who owned that land?
A. Topue owned the area called Ahea and the Baitanga tribe owned Hangetapu area.

Q. How old was Baitoko Tangei (Plaintiff) when his father Atikake was murdered?
A. He was a mature man.

N.F.Q.

Defendant case close.

Court retire for Judgment.

JUDGMENT

The matter in dispute is concerning a block of customary land called, Hangetapu. The said block is measured 29 yards wide and more than 200 yards long, more likely a rectangular in shape.

Both the Plaintiff and Defendant agreed the whole area of land where the land in question is was owned by the tribe known HANGETA'ANE. The ownership of the area was handed by Tebakatoa of the said tribe to Taupongi the founder of the Hangekumi tribe where both the Plaintiff and defendant are belonged, when he married his daughter named Tehau

The ownership of the land by the Hangekumi tribe handed down from father to son until it came to Sagonihenua the grandfather of both the plaintiff and defendant. During the hearing, the plaintiff agued that when Sangoihenua owned the land he handed it to his son Atikake who was his father. The Plaintiff told court that there were two homesteads in the area sharing their boundary together. They were Ahea and Hangetapu and both names were named by Sangoihenua. He stated that the name Hangetapu was a name of a fishing around at the seaside in a territory owned by tribe, the Hangekumi tribe and the said name was chosen by Sangoihenua to name the land in question.

The Plaintiff also mentioned that the land concerned was invaded by the Baitanga tribe when his people fled to settle in their bush settlements when civil wars broke up on the island. He further stated that the land was owned by the people of Baitanga until his father Atikake took it back from them after negotiating with them. He built his house and Planted coconts on the land, when his coconuts were unrooted by his enermies he took revenege on them. He paid goods to the people of Baitanga when they handed back the 1and to his father. Saueha the grandfather of the defendant was still, alived to see all the activities done by Atikake on the land. His father re-named it, Tumenga. He told court that it was after his father was murdered did Topue the father of the defendant took the land of his father. "When my father was killed, I was only a young boy and Topue the father of the defendant was a mature man" he said.

The Plaintiff alleged that all the activities done by the defendant in the area like building of houses, making of gardens etc were done at Ahea but not Hangetapu. The Plaintiff said, there were gardens made at Hangetapu by the defendant side but that was after his father was murdered and Topue the father of the defendant took the land, more than that he said those happenings were done after christianity came to to Bellona in 1938, but long before that his father owned it.

In response to all the arguements and allegation raised by the plaintiff, the defendant alleged that the land in question is his land inherited it from his father Topue who is the rightful owner of the land disputed from his grand, grand fathers. The defendant also agreed to the transfering of the land from the HANGETA'ANE tribe to the Hangekumi tribe where both parties are belonged. He told court that the area concerned was not brushed until his grand father Sangoihenua brushed it and named the area Ahea. He denies there was not any area named Hangetapu inside the area disputed. He agreed that on area named Hangetapu is sharing its boundary to Ahea at the east end of the area but it was owned by the people of Baitanga and also the name was named by Saova of Baitanga. He said that this area was owned by his grand father Sangoihenua and after he was murdeere the people of Baitanga invaded it.

He mentioned losts of thing done by Sangoihenua in the area, like farming etc, He said that it was Saueha his grandfather who struggle against the people of Baitanga when invading part of Ahea He also said that Ahea was inherited by Huaikava from his gather Sangoiheunua. He built his house planted his bananas on the land and when the people of Baitanga destroyed them, it was only his grand father Saueha who took revenge of it and unearthed the grave of Teikagango of Baitanga. He said that after christianity came to Bellona it was his father Topue who battled against John who at many times attempted to invade again the land. He said that after bitter arguement between John and his father regarding the land. John returned the ownership of the land to his gather and he had paid to John many goods as payments. Lots of friend and relative got permission from his father and even himself to farm on the land, he said. His family built a number of houses and kitchens on the land than the plaintiff. The defendant agreed that Atikake re-named the disputed land to be Tumenga.

In weighing the evidence of both sides, the court take it for account that this is a family disputing. The parties are of the Hangekumi tribe Sangoihenua who by both sides to first brushed and owned the land in question was the father of Atikake who was the father of Baitoko Tangei the Plaintiff and the brother of Sangoihenua who was Saueha was the father of Topue the father of the defendant.

The court understand that in the Bellona Society the father who has Sons and owns lands is to divide them among his sons accordingly despite the areas of land is big or small. So the court is not hesitated but consider the case to see who is really the owner of the land from the parties.

In considering the evidence given in court, the court came to believe that there were two blocks of land in the area namely Ahea and Hangetapu only Ahea as said by the defendant. These areas of land were owned by Sangoihenua. The Parties argued as who named the land to be Hangetapu. The Plaintiff said it was Sangoihenua who named the land after their fishing ground at the seaside named Hangetapu and the said fishing ground located in an area at the seaside owned by the Hangekumi tribe. The defendant said it was Saova of Baitange who named the name Hangetapu. He has no proof on it so court do accepted the evidence of the Plaintiff regarding the naming of the land. The defendant stated that when Sangoihenua was murdered, Saueha adopted his children include Atikake and also care taken of his lands for his children. The defendant said that when Huaikava was in his stage of manhood, he settled and owned Ahea. He was the son of Sungoihenua. This point leads the court to believe that when Huaikava owned Ahea, Atikake owned Hangetapu.

The court found that it was Atikake who transfer back the land to his tribe after having negotation with Namona of Baitanga. When the land was transfered to the Hangekumi tribe it was Atikake who made the payment to the Baitanga tribe. When his coconuts at Hangetapu were unrooted by the people of Baitango it was Atikake who took the revenge to destroy the coconuts of the Baitanga people at Mataiho. The defendant alleged that when house and bananas in the area were damaged by the people of Baitanga it was his grandfather Saueha who took revenge and unearthed the grave of Teikagongo of Baitanga. The court believe the properties of Huaikava being destroyed were at Ahea and not Hangetapu. The defendant didnot dispute that Atikake settled at Hangetapu and re-named it Tumenga.

When Atikake settled at Hangetapu, he built his house on the land held feasts, at the time referred, Saueha the grandfather of the defendant was still alive but he didnot disturb or dispute Atikake. This fact is not disputed by the defendant.

The court believe that Topue the father of the defendant came to own the land after the father of the Plaintiff was murdered and the Plaintiff was still a young and immature man. The court also believe that all the activities done by the defendant in the area, were done after the father of the Plaintiff was killed and also they were done after Christianity came to Bellona in 1938 where as Atikake the father of the Plaintiff settled and owned the land in question longed before that time.
For all the above facts, the court found that the plaintiff is true in his claim and he is the rightful owner of the land concerned.

DECISION – The Bellona Local court established in it's finding today Monday 9th September 1985 that Baitoko Tangei is the lawful owner of Hangetapu land.

ORDER – The Court Ordered Baitoko to pay the coconuts of Morris on the land at $8.00 each for the big ones and $5.00 each for the small ones. In making the payment the coconuts will become the properties of Baitoko.

The defendant is to harvest his bananas in the area and other crops then after that he will not do any further cultivation on the land.

Right of appeal explained.

PRESIDENT	Court Clerk
JOHN TAY	EDDIE MUNA

9/9/85.