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Kwaisulia v Fenigoulo [1983] SBLC 8; Land Case No. 7 of 1983 (18 October 1983)

IN THE MALAITA LOCAL COURT

LAND CASE NO. 7/83

DATE 18/10/83.

Name of Land in dispute: LIFOE LAND

Name of Plaintiff: ENGLAND KWAISULIA OF KOFILOKO

V.

Name of Defendant: FENIGOULO OF FUNAFOU ISLAND, LAU LAGOON.

DECREE

JUDGMENT:

1. Court found that both parties did not stem from one genealogy but from two generations. The plaintiff descended from Gwirabaita of Sulufou island and the defendant descended of O'ona of MANUAU.

The principal fact of this land case was Iuu the murderer Plaintiff claimed Lifoe land part of Manuau given for his devil Fulaau who paddled the dead boy of Iuu back to Manuau land. While the defendant denied this gift by saying that Iuu was not a birth right owner of Manuau land so that his clan could have offered a piece of land to Fulaau.

2. Court also found that defendant and DW1 stated after Iuu (m) was murderer near Aurii then ALAFAILAU picked up his dead body paddled him to Funafou and gave it to AUKOBA and his father OLOI they then gave him reward of 3 red monies and one pig then ALAFAILAU returned to Aurii island.
3. Court also found that all witnesses did not know where Iuu's originated come from. Even the two parties did not clarify Iuu's generations.
4. Court found that DW3 Leonard Takisi said that KWAIGA and himself are brothers descended from. KWAIANAHALO who married ABU (f) of MANUAU tribe therefore they work ABEAITELEKUNA land including Lifoe parcel of land following this woman Abu (f). There was no land gift given for them as KWAIGA claimed.
5. Court also found that during land surveying of the disputed they went through many properties of cocoa and coconut trees owned by many people who blood related to MANUAU and those who lived at Adagege under the leadership of KWAINAHALO who work the land after Abu (f) until today.

DECISION:

Mr FENIGOULO the genuine man of MANUAU LAND to look after LIFOE Land as a LANDOWNER. All the properties belongs to KWAIGA and his brother JUSTUS BELO remain belongs to them. But if any new projects started after this case they should seek permission from FENIGOULO. The area started at LAUMANGO market place along SASAFA river goes northeast direction through Aimomoko and LIFOE Land to REREDE KAFOELIA stream. Back along the sea coast area to mouth of SASAFA river to the north.

Right of appeal explained.

Dated this 21st day of October1983.

Survey report see page 11 on the file.