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Faununu v Taetai - re Ruafia Land [2007] SBLC 1; Land Case No B-3-234 (13 September 2007)

SOLOMON ISLANDS

IN THE SANTA ANA AND SANTA CATALINA LOCAL COURT

RUAFIA LAND CASE HELD AT ROROMARU VILLAGE ON THE 10TH SEPTEMBER 2007.

LAND CASE NO: B/3/234

BETWEEN:

1. ROBINSON FAUNUNU
2. GORDON RAROI

PLAINTIFFS

AND:

1. FRANK TAETAI
2. ALBERT APUA

DEFENDANTS

IN THE MATTER OF: RUAFIA LAND DISPUTE

SURVEY: 12th September 2007

JUDGEMENT: 13th September 2007

JUDGEMENT

This is a land case disputed by the plaintiff Mr. Robinson Faununu of Gapunaiga Village and the defendant Mr. Frank Taetai of Tafunakiau Village concerning a customary land known as RUAFIA.

It is noted from the court records that the case was first referred to Aorigi Council of Chiefs on 09th — 11th September 2001 and the hearing convened at Amota Copra shade in accordance with the Local Court Act Section 12. The Aorigi Council of Chiefs was then appealed to the Local Court and fee of $50.00 paid and receipted on 29th January 2001.

Before, going down the judgment of this case, the Court must warn itself at all time that it is the responsibility of the parties in dispute to prove their claim of ownership of Ruafia land in the balance of probability which is the civil standard of proof including land cases. Any side that unbalanced, weight must be given to the other side that had more weight.

The Court clearly understood that Ruafia people had many portion of land scattered which Kasiofi's grand, grand children including the plaintiff and defendant are using for gardening today. The portion near the sea coast is now under dispute. The disputed portion has described on the plaintiffs map marked "EX.RF/1" and on the defendants map marked "EX FT/1"

The Plaintiff Robinson Faununu argued in the Court that Ruafia land belongs to Amea clan originally from his great grand, grand mother Kasiofi who was bought to Ruafia with seven (7) red shell monies. The Seven red shell monies were not disputed by the defendant in his evidences neither in cross examination in question.

At Ruafia, Kasiofi married to Qwasa and the raised ten (10) children as follows;-

1. Karigo (f)
2. Kasuga (f)
3. Katonia (f)
4. Kafanua (f)
5. Taumau (m)
6. Wausuaqwau (in)
7. Rasia (m)
8. Katorona (f)
9. Kasufe (f)
10. Kataritau (f)

Plaintiff continues to say that whilst at Ruafia, four (4) children were adopted out of Ruafia. They are as follows;

Plainitiff gave the full account of his places of movements, his properties, his taboo sites and the practices of his clan (Amea) whilst living in Ruafia. He also stated that Wogasi movement is his clans practice and not Atawa clan's practice. Wogasia is always performed within Ruafia and none other.

The defendant Mr Frank Taetai defending the Atawa clan in this case begging his long story starting from Ulawa. He stated that his clan originally from Ulawa Island but because of his great great, grand mothers involved in sexual behaviors, they were chased out from Ulawa to Bio, to Taumanu in the Wanione area then to Karingasugu in the star Harbour area and finally to Waisigini in Santa Catalina.

The Court satisfied and sure that the plaintiff and the defendant are one people originally from Ulawa. They moved from place to place mentioned above. They finally settled at Aorigi and as times goes on changes took place which affected their whole entire life.

Two sisters namely Katonia (the grandmother of defendant) and Kataritau (the mother of DW1) were adopted out of the ten children of Kasiofi. They were adopted purposely to Ruafia land now in dispute today as stated by the defendant.

Defendant stated that Kasiofi and her other children including the plaintiff's grand mother Kamaesia. Kamaesia begat Kagiro who begat the plaintiff Robinson Faununu

Evidences produced in Court from both sides are over-whelming. The case is clear to the Court as it will give its verdict to whom it thinks to be the rightful owner.

The Court found changes that took places which affected by separating the ten (10) Children of Kasiofi the original mother of Ruafia. Two of her daughters were adopted to Ruafia leaving all the rest at Togorei for their life time. Not only their adoption to Ruafia but most importantly their pigs killed on the land which entitled them and their children down to his new generation.

The Court conducted a land survey to see and to prove what had been stated in court by the parties. Court found taboo sites and edible trees such as coconuts, cut nuts, bananas etc. The properties seen during survey were newly planted by DWI. Plaintiffs properties stated in court were not seen in the disputed land as the Court presumes all dead.

DECISION:

1. The Court upholds the decision of the Aorigi Council of Chiefs delivered on 1lth September, 2001 as there is no way wrong about it.

2. The Defendant Mr. Frank Taetai and his clan are found to be the true owner of Ruafia land by this Court.

3. The Ruafia land boundaries can be found on the defendant's sketched map marked "EX.FT/1".

ORDERS:

1. Plaintiff to ask permission from defendant before doing anything within Ruafia disputed land.

2. Both parties are bound by order not to destroy the other party's properties growing on the disputed land

RIGHT OF APPEAL EXPLAINED

APPEAL WITHIN 3 MONTHS FROM TODAYS DATE BEING THE 13TH DAY OF SEPTEMBER 2007.