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Tesaukiu v Tahea [1983] SBLC 4; Civil Case No 14 of 83 (19 April 1983)

IN THE BELLONA LOCAL COURT

NO: Civ. 14/83

Held at Gongona Village on the 19th April 1983.

BETWEEN:

ABIDAN TESAUKIU
Plaintiff

AND:

TAHEA
Defendant

CLAIM: Abidan Tesaukiu of Gotokanava claims that his land called Hutuna has taken by Tahea of Gongona.

PLEA: president asks the Defendant.

Q. Do you understand the claim?

A. Yes

Q. Are you liable or not liable?

A. I am not liable.

Q. Do you object any of the Court Members?

A. No.

President asks the Plaintiff

Q. Do you object any of the court members?

A. No.

PLAINTIFF SWORN STATES: ABIDAN TESAUKIU

I would like to commence my statement by beginning from my ancestor named Sauhonu who got his sons from Tangoeha and his brothers of how he had divided the lands of our tribe among them.

I would like to begin from him (Sauhonu) so that you could be awared of how we came to inherit our lands right from our ancestors and how we came to own some of our lands in which my ancestor (Sauhonu) did not know. To my dad and me. By this I mean, my grandpa Sauhonu to Tangoeha and then Sauhonu hand given Baitanga and Teutua lands and other area of lands to his son Taika. He gave Taunako and Teoptuhenua lands to his next son Saova.

He gave to another son Kaihuei the land Pungusia land. He gave to his next Tangoeha the following lands, Ubea, Baingau, Kongopanga. Tepongima. This is how my ancestor Sauhonu divided his lands among his sons.

Sauhonu then gave Matabaigei land to my father Tamua and Hatangenga and Tesauma. He also gave him Ahea land near the beach at Ahaga. The extension of Ahea land went as far as to Na'atumungava and Takahatu. The wife of Sauhonu my ancestor also gave my father Hangekumi and Nikutua land. This is how Sauhonu distributed the lands of our tribe to his sons.

Sauhonu had separately given lands to his son Tangoeha and to his grandchild Tamua. The son of Tangoeha was Tamua my father Even though Tangoeha had settled in the lands where my father Tamua was? he knew it that those lands were of my father given to him by Sauhonu.

This can be proved by the fact that even when Tangoeha got a big family, he never give to any of them the lands of my father whom Sauhonu had given and Tangoeha knew it too.

Sauhonu loved dad so much because he was the first child to be born to our place (Matabaigei) and for this reason he had given him lands.

This is my brief explanation on how my ancestor Sauhonu had divided our lands so now I would like to talk about the land disputed called Hutuna.

The lands at where Hutuna is were not owned by Taika Kaihuei and Tangoeha. Only my father Tamua and Saova were the only owned Tepotuhenua land and its fallow garden was Teapua.

The area of land at Hutuna and then to the main road were tambu places and they did not make any garden there except they collected wild fruits there. Even though the big bush there had been forbidden my dad Tamua said its his seeing the bush was just next to all his lands. Every old men in our District know that. I once asked my father why he claimed that area and he told me that any tambu area is not strickly forbidden, you can perform some sorts of ceremony to your god and such a place can be free. When Moah brought christianity to Bellona he removed the two stones god at Gabenga and people start to claim for them the lands new the area where the gods were.

Dad came to the area at Hutuna and the areas beside it, there wasn't any body intended to claim it, because they knew that before christinanity came my dad had claimed it as his.

Tangoeha did not own any area near Hutuna. He was only at the opposite side in an area called Tahangangi and I don't know when did he come to that place straight after Moah removed the gods at Gavenga or sometimes later. About 1940, dad with the help of some of his christian friends started to brush the areas included the disputing land.

After some years since christianity came, my father went and settled at the village of Matiu at Pebaigangi not very far from this disputed land and perhaps that was when Tahea went and settled at the village of Taika at Matahenua not very far too from the disputed land.

One day Tangoeha asked his son Tamua to allow to use those areas around Hutuna to make gardens there. So dad accepted his request. Even though my dad had granted his father's request, the lands were still his land. When Tahea came to our District at Sa'aiho he used to brush in those areas to make garden because he has married the daughter of Tangoeha. I had seen my father going to the invitation of Tahea to take food from his garden in those areas.

After sometimes, my father noticed that a settlement was started in that area at Hutuna. My father asked his dad about it and he said that his daughter Mangienga whom Tahea Parried started the settlement in that land.

My father was not pleased about it because the settlement was made without his permission. I brought up to see this settlement and during those times the family of Tahea and my dad were very kind at each other. It was once did my father told his sister Mangienga to use an area above Hutuna land to make gardens there.

Tahea lived there and got children. It happened one day that Tahea was angried with some neighbours at their village' so he said I would go back to my District at Ghogau. Dad told me that even Tahea was displeased at him. So Tahea came back to his own District.

During at a feast held at Gotokanava, Tahea sang a song which he had meant to spoilt my father. My father had answered it by singing a song which he had meant to suit Tahea.

Dad said seeing that Tahea went back to his own District, he must not do anything to my land at Hutuna. By that time. Tangoeha was still alived and dad did not bother to tell because his son inlaw Tahea did live there without his permission. I have heard after Tahea left that this land had given to Temasu'u.

One day Momoka allowed Samuel Taika to build his house in his area of land given by dad just beside Hutuna. I was With Taika or Samuel working in his house when Temasu'u came along and asked Samuel Taika as who allowed him to build his house on that area.

Samuel Taika said, Momoka allowed me. Then Temasu'u said this land is mind. It was given by Tahea to me. I said to Temasu'u this land is the land of my father but Tahea had used it and because he went back my dad said his land is taken back. So we rowed over that land. I got angried so I want to go and see Tangoeha about it because dad had told me the land was his land but I was interested to hear Tangoeha about it.

I went to him one day and asked him, I said to him, who allowed Tahea and his family to settle at Hutuna? Then Tangoeha told me how he had asked Momoka to make his settlement at Hutuna and then Momoka moved away to Hangetapu and Tahea and his family settled at Hutuna.

This is what I heard from Tangoeha. Tangoeha had told me at that time that those areas were of my dad Tamua. I bring this case into Court because the land was of my father and this people used it without the permission of my father. My dad had only allowed his father to make gardens in that land.

If ever my grandpa Tangoeha gave any of our land to any of his relative, I think that's alright, but that land called Hutuna was of my father because Tangoeha intended to transfer it to his son inlaw without his permission, and more than all, Tahea has long left our Districts and therefore I have the right to claim it back as my land.

X A. TESAUKIU

Signature of the Plaintiff

approving that this statement is true.

XX'N BY THE PLANITIFF

Q. Why did you go back in your history to trace all your lands and how they were divided, did I intend to take your Headquater at Matabaigei?

A. I would like the court members to know that Hutuna land is mind from father.

Q. Can a person brush the area of some one without permission.

A. It depends, sometimes a person is brushing other places because he believes the person who owns the area is his relatives and some times he asked before brushing it.

Q. Didn't you know because Tangoeha had given the land to his daughter who is my wife after your father had given in to Tangoeha is father?

A. My father only allowed his father to make gardens on that land but when you made your settlement there, you were doing it without permission from my father.

Q. Who gave an area there beside Hutuna to Taika after all you have said no body else owned the area only your father.

A. My father told Taika took it by his own power.

Q. Do you make any garden or did your grandpa make any garden there before Christianity came to Bellona Island.

A. My ancestors made their gardens in our areas but not in the tambu area.

Q. Why didn't your father disturb me when I started my settlement at Hutuna?

A. My father was displeased about it but in some way of respecting you because you have married his sister, he did not disturb you.

Q. Did you ever talk to Tangoeha about that land?

A. Yes, I had a talk with him but he had told me that Hutuna was the land of my father.

Q. Why did you deny the fact that Hutuna land was given by Tangoeha to his daughter Mangienga who is my wife?

A. Because the land was not of Tangoeha, it was the land of my father, Tamua.

Q. Didn't you know because my wife born a child in that place and died and burried in that land?

A. That was when you and your family lived there but after you left, the land has under the owner of my father.

No Further Question

XX'N BY THE COURT MEMBERS

Q. Why did Tahea and your dad song against each other during a feast held at Gotokanava?

A. Tahea was angried because when he left our District my dad said that he took back his land.

Q. If ever Tahea still at your District do you think you will still claim this land?

A. No.

Q. Did your dad make any sign in that land while Tahea was there to prove the land was his land?

A. Before Tahea settled there, dad brushed the area indicated that was the first person to brash it and this is a great sign.

Q. Did your father make any public sign to show that he had taken back his land from Tahea?

A. My father disturbed Tahea and Saova Teheke when they disputed at Hutuna land some years ago.

Q. Why didn't Tangoeha put or make any sign to those areas but rather his son Tamua your father?

A. My father first claimed them and more than all he was a big or matured man at those times.

Q. Did anybody apart from Tahea who also take your lands on that area?

A. Yes, my lands on that area were taken away.

Q. If you dispute that Tahea is from a different clan and District why did you disagree when Temasu'u claimed it as his seeing he is from your same District?

A. He does not have the right to come in there.

Q. When did your father claim those areas as his, after or before christianity

A. Before Christianity.

Q. When did Tangoeha finish from using the lands of Tamua your father?

A. He was very old when he stopped using the lands of my father.

Q. Did Tamua use any land of Tangoeba?

A. No.

Q. Whom did Tangoeha give Hutuna to, Tahea or Mangienga?

A. He allowed them all.

No Further Question.

This case is adjourned until Thursday 21/4/83 at 9 o'clock am.

The Plaintiff calls his first witness.

EDDIE MUNA

19/4/83.

The Court Parties and the Parties of this case meet Today Thursday 21/4/83 to continue the proceeding.

NOTE: The Plaintiff Abidan Tesaukiu has given his application to court if the case can be postponed until some times because his first witness is sick and could not able to attend court.

The parties were told to leave court and to consider the application.

The court has accepted the application of the Plaintiff so this case is postponed until Monday 25/4/83 at 9 o'clock am.

EDDIE MUNA

21/4/83.

This case continues today, Monday 25.4.83.

P.W. 1 SWORN STATES: JOHN TANGA

I am here this morning as a witness of Abidan Tesaukiu to give my explanation about the land disputed.

Before I make the explanation I would first of all make my comment on how the lands of the people of Matabaigei on that area beginning at the seaside of how they came to own them.

The main places of the Matabaigei people were Ahea, Takahatu, Na'atumugava and Teapua. Sauhonu our grandpa had given Ahea, Takahatu etc. to N. Tamua the father of Abidan and Teapua he had given it to Saova.

This land dispute was a tambu place. It was like any other tambu places at Bellona that people had claimed as theirs when christianity came to us.

During heathesim, Tamua claimed it as his land. When christianity came to Bellona and people started to claim lands known to be tambu places, Tamua claimed or brushed that land. Tangoeha at that time lived in an area called Tahagangi but not in that land. Tamua used that land because it was his. Sometimes later, Tamua became a member of the SSEC and stationed at Kapata. Even when Tamua lived at Kapata he used to go and made his gardens at that land because it was his land and every body at our District knew it.

After sometimes, Tamua left Kapata village and went and settled with Matiu at his village At Pebaigangi.

In the same area of land, Tamua had given an area of land to Saveha and Momoka. Tangoeha was not annoyed at his son Tamua while he had given out the lands because they were the lands of Tamua Tangoeha asked his son Tamua that he would like to make his gardens in the area and his request was granted by Tamua. By that time, Tahea the Defendant was living with Taika at our District. He married to Mangienga the daughter of Tangoeha.

Because Tahea and Tangoeha were became father inlaw, Tahea used to help Tangoeha in making gardens on that land. The relationship between Tangoeha, Tahea and Tamua was so good.

As time went by, Tamua discovered that a little house, bananas were planted on that land. Tamua asked his father as who did the work on that land. Tangoeha said, Mangienga. Tamua said that it was not good to him. Even though Tamua was not pleased about it he said its alright later.

Later, Tahea was angried at the people he was living with so as Tamua. It was then did Tamua say I take back my land. When Tamua said that his land was taken back, Tangoeha was still alived but he did not say any comment because he knew the land was of Tamua.

Tahea also know that the land of Tamua had taken back. This can be proved when at a feast at Gotokanava, Tamua and Tahea sang sons against each other. The land disputed was a tambu place but when christianity came to Bellona Tamua claimed as his. He was willing that Tahea should live there and when Tahea left it, Tamua got all the right to Take it back.

X J. TANGA

P.W. 1 signed his signature agreed his statement is alright.

XX'N BY THE DEFENDANT

Q. If you believe the land was of Tamua, why didn't Tamua disturb us when we settled there?

A. Tangoeha got his permission from Tamua to make his gardens on that land.

Q. Why didn't Tamua comment on that land to me when he told me his fallow garden which he had given to me was taken back?

A. Tamua had already taken back his land from you.

Q. If you believe the land was of Tamua why did Abidan write and asked Rangoso my son to give him that land?

A. I don't think Abidan asked your son about that land because the land of his father Tamua.

Q. Who named the name Hutuna, me, Tangoeha or Mangienga?

A. I am not concern about the name because who ever called that name to that land does not entitled you to own that land.

Q. Was the area a tambu place?

A. Yes it was and the first person to brush the area was Tamua

Q. Did Tamua do any sign on that land when I left it?

A. Tamua had told you and to us his land has taken back.

Q. Why didn't your dad (Tamua) disturb Kaitu'u when I allowed him to use that land?

A. Only your coconuts but the land was of Tamua.

No Further Question.

XX'N BY COURT MEMBERS

Q. How do you know the land has been taken back from Tahea by Tamua?

A. Tamua had told me and Abidan.

Q. How many lands of Tamua did Tahea intend to posses?

A. Only that land dispute.

Q. Did Tamua tell Tahea on the fact that he was not happy at him for living on his land?

A. No, but he told him later.

Q. If ever Tahea still living at your District would you still claim that land?

A. That depends about Abidan.

Q. Why did Tahea still claim Hutuna land as his but not the fallow garden given by Tamua?

A. The land was not given by Tamua to Tahea, only the fallow garden was given by Tamua to Tahea but Tamua took them back.

Q. Did Tamua say anything when Tahea planted his coconuts on that land?

A. No, because Tamua thought Tahea would become a man of our District.

Q. Did Tahea invite Tamua to collect food in his garden at any different land?

A. I don't know.

Q. Whom do you believe has settled on that land Tehea or Mangienga?

A. Mangienga.

Q. Did Tamua afraid of Tahea when he planted his coconuts there or did he respect him?

A. He respected Tahea because he was his brother in-law.

No Further Question.

Plaintiff side Ends.

DEFENDANT SWORN STATES;- TAHEA.

When christianity came to Bellona Island, my wife Mangienga told me that she would like to go and live with her parents and learn more about this new religion. I went with her. On our arrival Taika greeted me and he was happy that we were coming to live with him in his village. My father in-law Tangoeha also expressed his thanks to me and my wife.

After few days staying there Tangoeha began to brush the land dispute as his. Taika and I helped to brush the land. I did not claim any land while working with my father in-law. I only helped him in his work (Tangoeha). The wife of Tangoeha Planted some crops on the land after it was brushed. Tamua and some of his friends came and brushed the upper part of that land. Tamua was at Kapata but went and made his garden on that area of land dispute. The neighbours there already made their garden on that land before Tamua.

It is not true when Abidan states that Tangoeha got permission from Tamua before using the land. After Tangoeha harvested his garden on that land, Tangoeha asked my wife to make her homestead on that land. I disagreed to the idea because it was not a suitable place to live.

If ever Tamua was the one who gave me that land, I would not live there or still claiming it. My wife and I worked on that land until I built my house there. After sometimes Tangoeha planted a coconut for his grandchild on that land. I disagreed at it but finally Tangoeha planted that coconut. Later Tangoeha planted more coconuts on that land. I also planted some coconuts there. I lived on that place for 8 years and then I came back. I did not row any body as stated by the Plaintiff. Some times I paid my visit to that place. After sometimes, I went to Honiara and after some times I came home. One day went and spent my weekend at West Bellona.

I left all my lands at West Bellona to some friends and I came back. By that time Tangoeha and Tamua were still alived. I paid my visit to West Bellona and saw the fallow garden given by Tamua to us was brushed by Nagatonga to make a road there. I blocked it by cutting trees to fall there. I came back and later learnt that Tamua was angired at what I did.

In our Council held, we were discussing the matter, Tamua denied that he was not angried about it. I was angried in our discussion so Tamua said I am taking back that fallow garden from you. I said to him its alright. When I came back, I allowed Temasu'u to use my coconuts at Hutuna land and no one disturbed him. Tangoeha got 3 lands in that area, Tahagagi, Hongkong and Hutuna. He gave Tahagagi to Isaiah, he gave Hongkong to Sengeika and he gave Hutuna to my wife. Momoka had brushed the west end of that land but Tangoeha disagreed.

I went to Honiara and met Momoka. He told me that Abidan wrote to him and asked him to tell him the history of Hutuna land. Momoka wrote to Abidan and told him the land was of Tangoeha but he gave it to his daughter Mangienga. I did not ever hear from Tamua telling me that Hutuna was his land. Tangoeha was displeased to hear that Tamua and I were rowed in our Council held.

Abidan wrote to my son Rangoso in 1963 and asked him to give him Hutuna land. Rangoso in replied told him its his land from Tangoeha and he refers it to me as the boss on that land.

I had also allowed Kaitu'u to use my coconuts while he was there for 8 years without any disturbance from Abidan.

TAHEA. - Signature of the Defendant agreed his statement is correct after reading it back.

XX'N BY THE PLAINTIFF

Q. There were 3 villages at Bellona when Xianity came Rongona Ghogau and Kapata, where were you in these 3 villages?

A. I was at Ghogau.

Q. How many years since Xianity came to Bellona and Taungenga the Chief of Ghogau died while you were there.

A. Two years.

Q. When you went to West Bellona after your staying at Ghogau in two years, did you see any sign that the land had been used or not?

A. No.

Q. Was the area a tambu place?

A. Yes.

Q. Can you tell me how did Tangoeha go into that tambu place and begin his work there?

A. He went there and brushed it.

Q. After Xianity came, all the tambu places in the area are were brushed do you think that was the first time to brush the area when you accompanied Tangoeha to brush it?

A. yes.

Q. In your statement, you did not mention that Tangoeha explained those areas to you. How do you know the area were of Tangoeha?

A. There were nothing to explain on that land.

Q. Didn't you know because you and your friends at West Bellona rowed and you left W/Bellona.

A. That's not true.

Q. Why did you angry at dad and you left all your relative?

A. I came with my family

Q. Did Tangoeha explain to you those areas?

A. He told me the area was a tambu place.

Q. You have said Tangoeha was angried at Momoka after brushing the West end of Hutuna, didn't you know because it was dad who gave him the area?

A. The ans. is not well stated in along with the question asked.

Q. Didn't you know because Temasu'u had brushed Hutuna land?

A. I don't know.

Q. Did Kaitu'u make any garden at Hutuna?

A. He only used the coconuts.

Q. Why didn't you use the land after dad had taken it bank?

A. My used used to climbed those coconuts.
of the land as

Q. Did I write to Momoka about the history you say?

A. Momoka told me that.

Q. Where is my letter to your son Rangoso?

A. I don't know.

Q. What did I state to Tangoso in my letter?

A. You asked for the land.

Q. Why were I to ask your son on the land which I believe is mind?

A. You had asked the land to my son.

Q. Do you think it will be good if you were to give the land of your son to anyone without his permission?

A. Yes.

N.F.Q.

XX'N BY THE COURT MEMBERS

Q. Why did you settle at Hutuna the land of Tamua?

A. It was the land of Tangoeha not of Tamua.

Q. Whom do you believe owned the land. Tangoeha or Tamua?

A. Tangoeha because he was the father.

Q. The Plaintiff mentioned that Sauhonu had given some lands to his father, do you think this is true?

A. Yes.

Q. Did Tangoeha angry to Tamua and then gave you and your wife that land?

A. I don't know what was the relationship between them.

Q. Where is the area called Takahatu

A. The West end of Hutuna land.

Q. You were given two fallow gardens by Tamua and Tangoeha, why did you give out the one given by Tangoeha and not the one given by Tamua

A. But the one given by Tamua had taken back.

Q. If you did not plant any coconut there do you still claim it?

A. Yes.

Q. Did Tangoeha give Hutuna to his daughter because he loved her?

A. Yes

Q. Why didn't he give her any fertile land rather than given her that stonny place?

A. That's were he had given her.

Q. Why did you accept to have Hutuna and not Hangetapu land which is better than Hutuna?

A. I want the lands of Tangoeha to be in his sons.

Q. Did you claim any land beside Hutuna land?

A. No.

Q. How did Tamua intend to give you the fallow garden above Hutuna land to you if you say then that Tamua did not own any land there?

A. That fallow garden was his area.

Q. Was that fallow garden being a tambu place or not?

A. It was a tambu place.

Q. If that is so, why did you deny the fact that it was Tamua who first entered that tambu place?

A. Tangoeha first entered Hutuna but not Tamua.

Q. Who owned that fallow garden now?

A. Isaiah and Saveha Given by Tamua.

Q. If an area is only stonny, isn't that mean someone owns it?

A. It was no worth while before.

Q. Who named the name Hutuna?

A. Me.

N.F.Q.

D/W 1: SWORN STATES: MANGIENGA

The land called Hutuna was first brushed by my father Tangoeha.

One day he came and asked me and num to go and work in garden at Hutuna. After we harvested that garden my father started a small settlement there and asked us to make our homestead there. My mother planted her pandanus on that land.

My father planted a coconut there and said it was for his grandchild Rangoso who is my first son. My husband disagreed however the coconut was planted.

One day Momoka my brother brushed the West end of Hutuna to build his house there but my father disagreed so he didn't built it.

My father told him to go over and possess Hangetapu land. While we were living on that land we build over small church building there. We had our feast at Hutuna after harvesting our garden and we had invited many people included Tamua the father of Abidan. Tamua at that time had given us the fallow garden at the upper part of Hutuna. After some times, we moved away from Hutuna and no body claims it.

My daughter got married to a man from Ghogau District so at times we went to visit them and at times we went back. While my husband was away to Honiara, I used to lived there.

One day my husband said to Temasu'u I would like you to look after the coconuts of my son because we were going back to Ghogau.

One day my husband went there and found that the fallow garden given by Tamua to us was brushed by Ngatonga intending to make a public road in that area. My husband blocked it. I was angried at him. They had discussed the matter in the Council. It has been said that Tamua was angried at Tahea when blocking the area. In the Council, Tamua denied it but Tahea did not accept his denying so they were rowed. My husband told him all his wrong doing he had done to him. Tamua told my husband that the fallow garden he had given us has now taken back. My husband said, its alright.

Tamua did not mention anything about Hutuna land. Even after that we still using that land. My husband allowed Kaitu'u to use all our coconuts on that land without any one disturbing him.

I have given back some of the lands which dad had given me but not Hutuna because my father first brushed it. It is not true when Abidan says. Tangoeha allowed by his son Tamua to use the land. I never heard it from dad. We buried our daughter at Hutuna and no body disturbed us.

X TESAOHANGA MAGIEGA

Signature of the D.W. 1 agreed her statement is correct after reading it back.

XX'N BY THE PLAINTIFF:

Q. Do you know that Hutuna was a land owned by the people of Matabaigei or was it a tambu place?

A. It was a tambu place.

Q. When christianity came to Bellona Island how old was Tamua, was he an old man or was he only a little boy?

A. He was an old man.

Q. Do you know any story or anything about those areas soon after Moah who brought Xianity to Bellona dedicated that place called Gabenga and became free and the area concerned?

A. I know that each person claimed their own land when those tambu areas were free.

Q. Did you your dad tell you the area was his or did you say it was his because you had seen him working on that land?

A. He told me it was his place because he first brushed it.

Q. Was there anybody else who also claimed land at that area?

A. I have heard that Saova was also in that area.

Q. Who gave the upper part of Hutuna and the West end of Hutuna to Saveha and Morioka, Tangoeha or Tamua?

A. Tamua.

Q. Were the lands given by Tamua to his relatives were faraway from Hutuna or the same area?

A. The lands were just above Hutuna.

Q. You have denied that Tangoeha did not ask Tamua. Did You say that because Tamua was only a son or do you believe the land was of Tangoeha?

A. The land was of my dad who first brushed it.

Q. Who owned the upper part of Hutuna called Patae now?

A. I don't know who owns it now.

Q. Who allowed Uku'uku to own Patae, Tangoeha or Tamua?

A. I don't know.

Q. Didn't you know because Hutuna was the land of father but your father used it?

A. It was of my father.

Q. You have said your dad had brushed first the area and then asked you to work there. Tahea says he helped your father to brush it for the first time, why?

A. My father first brushed it.

Q. Did your father brush Hutuna in 1938?

A. It was later.

Q. Where was Moah when you brush it?

A. He went back to Rennell before dad brushed it.

Q. Why did you believe Tamua was not the owner of Hutuna. was he because he became a member of the SSEC?

A. The question is not well ans.

Q. When did Dad intend to take back Hutuna?

A. I never heard of your dad intended to take Hutuna.

Q. Didn't you know because when dad was still alived he claimed that land?

A. I never know that.

Q. When did Momoka intend to build his house near Hutuna? Before the church building was built there.

A. Didn't you know because that is not what Tahea say, he said the house of Momoka was built when the church building was there.

Q. When did you burry your child when she died at Hutuna, when you were at west or not?

A. When we were at west Bellona.

Q. Did Kaitu'u make any garden at Hutuna?

A. No.

XX'N BY THE COURT MEMBERS

Q. What area of land did Tamua take back from you?

A. The fallow garden he had given to us.

Q. How do you knew Hutuna was of your father?

A. He was the first person to brush it.

Q. Did your dad brush Hutuna at the sametime Gabenga was brushed?

A. Dad brushed it at different time after Gabenga was brushed.

Q. Where did your dad brush first, Hutuna or Tahaneangi land

A. Tahangangi land was brushed first.

Q. Is Patae far from Hutuna?

A. Yes.

Q. How did Tamua take the fallow garden above, Hutuna to give you?

A. I don't know how he claimed it but he gave it for us.

Q. How did Tamua intend to enter that fallow garden and owned it?

A. I don't know how he owned it.

Q. Would you still claim the land Hutuna if you have coconuts there?

A. Yes.

N.F.Q.

Defendant side ends.

This case is adjourned until Wednesday 27/4/83. The Court Parites will meet to decide this case.

EDDIE MUNA

25/4/83.

The Court Parties meet today to decide this case - Wednesday 27.4.83.

JUDGMENT

Weighing the evidences of both parties the court found that Hutuna land was of Tamua and he was the one who first brushed Hutuna land soon after Xianity came to Bellona Island in 1938.

The plaintiff states his father Tamua in 1938 brushed Hutuna land. Tahea in his statement states he accompanied his father in-law. Tangoeha to brush the land for the first time. The Court found that it was in 1940 did Tahea accompany his father in-law to brush that land.

The Court also found that it was Tamua who owned the area included Hutuna land because there were piece of lands around Hutuna that were given to Saveha, Momoka and Tahea by Tamua.

The Defendant side hardly mention that Tangoeha give out any land to any body around Hutuna.

The Plaintiff disputed the land with Temasu'u when Tahea intended to give Hutuna to Temasu'u. This was happened when Tamua was still alive.

DECISION

The land Hutuna is won by the Plaintiff Abidan Tesaukiu.

All the coconuts of Tahea at Hutuna land are to pay by Abidan Tesaukiu at the amount of $140.00. 35 coconuts 21 Big ones and 14 small ones. $6.00 each Big one. $1.00 each small one. The amount to pay to Tahea by Abidan in 1 yr.

The Decision announced today, Thursday 28/4/83.