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Manumate v Tagarakamana [1974] SBCLAC 1 (14 December 1974)

Civil Case.

Land dispute concerning "TOLOTHAKUI LAND"

No.3/74 Fee paid $10.00 LC4 40669.

Held at Matakwalao on 5th December 1974.

The Judgment

Court having heard this case and considered with ability of their knowledge. Court believes both the plaintiff and the defendant were descendant from ASIANGIA (f) of Talamatanga land. The first witness of the plaintiff destified that LEBAKWAO (m) killed ADI (m) of Lilisiana in death of FOE(m). First witness of the defendant produced in court, that Wanega (m) and himself were descendant from ASIANGIA(m) of TOLOMATANGA land. He denied TOLOMATANGA land not cover Oorobo land. There is no land offer as payment to LEBAKWAO (m) because he was murded ADI(m). Court sure such murder any person both LEBAKWAO (m) with his first cousin FALEUSIA(m) were murdered ADI (m). Court sure during survey they have seen there are three land between Oorobo land namely SIUBONGI, BANIFOTE and TAGWANIKENI lands. One witness of the defendant destified those lands divided TOLOMATANGA from Oorobo land. Court doubt about burial you father shew to the court. TOLOTHAKUI hill is really in Oorobo land. Therefore court finds Oorobo land begin at Kwairesi cross to Rade east down to BIFONU east west back to FAORIA and returned to Kwaresi. Court doubt about your witness of the plaintiff side. Believes the defendant sides produced real evidence.

Decision Daka (m) ownership of Oorobo land including the lands you claim because TOLOTHAKUI hill is in Oorobo land. The Defendant appeal to the High Court for action.

Bita'ama

14/12/74 Silas Olomaelana