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Konide Land, Re [1991] SBLC 2 (6 June 1991)

LAND HEARING – KONIDE LAND, HOGRANO

Subject to Land Acquisition Hearing held at Kaevanga dated 4th, 5th of June 1991, between Faokago and Koramata Clans respectively and presided by Lands Acquisition Officer in accordance to the laid procedures of Land Acquisitions, hereby given the decision as summarised herein, and should there be anyone disputing the findings may lodge an appeal as on the prescribed period of notice.

Briefly number of important points were herein considered on all parties presentation whereby cross examinations made to enhance the decision be given as reasonably fair and with simple truth. Take note that despite lengthy presentation, these facts then, summarises the decision.

Facts: Whether is be at the times of the church or before that, during heathen times, the inheritance of rights of either primary and or subsidiary rights are condemned by both Faofago and Koramata each in its own way of the whole land prescribed by their customary boundaries by custom names. It is noted that Konide acquired site is within the parcel of land. There was no specific justification on whatever rights each party claimed, though I have to put down that the two rival clans has both inheritances rights to the whole land. For the same token, as of the whole claimed areas concerned, the two clans again have settlement rights into whatever specific areas they claimed.

Rights of property existence in this respect and the basic tambus were existed and claimed by either clans. There is no time to examine the truth of these tambu sites, though they were considered from mere information at the hearing, with which some were justified to condemned the decision.

Now in given the decision, these statements make the vital facts to allow the conclusive decision to the hearing:-

(1) I have found that Chief W Manedao No. 1 is Koramata clan and his father Hunudi is of Faofago Clan. Assumption is thereby given that W Manedao is chief and being a son of Mr Hunudi, land histories of the said could be passed down from his father, where a possible turn over of information is made to ignore the truth. Being a chief, has in those days authority to execute or to authorise an execution of land without proper consultation of the original and minority powerless owner.
(2) Another prominent chief of Koramata by the name of Elison Eleme, was as exclaimed by Faofago, his mother comes from Logahagha, Maringe, there was not any response by Koramata to explain the truth of this statement.

Have also found out that most of actual properties on the Konide Acquired Site are claimed by Faofago, though few belonged to Koramta. Number of reasons expressed by Faofago indicated their rights and Koramata plainly explained in few words.

The immediate and visiable two tambu sites seen by me on the Konide acquired area were identified and clearly explained to by Faofago. The custom shell found at sea shore therein and briefly conveyed to me by Faofago could show a very genuine living traditional history in particular for Konide land.

Finally found that Koramata in histories have undergone lots of movements thus, from Gharufate to Kaevanga, and others, not consistent to a specific area. Faofago on one statement indicated its limitation of movement as it concentrated only in one area roaming in its own land, a most significant sign of protection and care.

With these facts, have at this date 6th of June 1991 at Buala, now decided that the Faofago Clan is the owner of the Konide Acquired land for Area Health Centre, Hograno.

Should Koramata or anyone wishes to appeal against my decision may appeal to Central Magistrates Court Honiara on or before the 6th September 1991.

I have therefore determined and invites the Faofago clan Trustees to sign CL5 and CL. 6 Land Acquisition documents with me, Land Acquisition Officer.

Joseph Pinita
Lands Acquisition Officer
Buala

Date: 6th June 1991