IN THE MALAITA LOCAL COURT
LAND CASE NO. 5 OF 2004
HELD AT AUKI

NAME OF LAND IN DISPUTE: USUIFUA LAND.

BETWEEN:

1. BEN SIMIRI
2. PHILIP MAELOFA
Plaintiffs

AND:

1. STANLEY MISIMAURI
2. MARTIN SUAFUNUA
Defendants

JUDGMENT DATE: 31ST OCTOBER 2008

JUDGEMENT

1. CHIEFS SETTLEMENT

The Logoalata Council of Chiefs in Ward 26 have re-surveyed the boundaries of Usuifua Land through Maitoha to Arunake tribal lands and confirmed that Usuifua Land should be rightly placed in its "ORIGINAL AREA" called "USUIFUA LAND". The Usuifua Land is bounded by two rivers called "Furia River" at its North West boundary and "Kwainimaka River" at its S/West border. The Council of Chiefs in Ward 26 have re-heard and re-surveyed the boundaries of Usuifua after the Local Court remitted the Case on 20/7/05. 

However, Ben Simiri and Philip Maelofa are not satisfied with the Chiefs Settlement so the plaintiffs bring their Case – Usuifua Land dispute before this Court for Legal determination.

2. ISSUE BEFORE THE COURT.

The very issue before this Court is Usuifua Land boundary disputes. It is caused by boundary extension between the Usuifua and Maitoha tribal lands.

3. GAINING THE CASE.

The balance of probability of gaining this Case - Civil Case No. 5/2004 – Usuifua Land Boundaries depends on EVIDENCES brought forward and proved by this Court.

The Court is a neutral body to deal fairly with both parties.

4. A. CLAIMS.

1. The Usuifua's tribal representatives, Ben Simiri of Afutara and Philip Maelofa of Afutara claim that the boundary of Usuifua tribal land is as follow:- 
It starts from Namosula (stone) at the seacoast (N/W of the Plt's map) and goes up east direction through Komuniao, Nu'ula'a, Firu, Baleonigeni, Sikwaliilii, Afu'ulu, Anofanisilifina, Otefolo, Raratea and Fautarau at the corner of the spearline and it runs in South direction to Fauniao and to Olioli (corner of the boundary) and it goes down through Aenialai (South West direction), down to Wawarumae Stream, to Alunisigafa, to Ngariagama, to Faulaia, then down to Aelakwa, Fatainiu, Kwagio, Ngalifulaalo, Gaubusuitolo, Kaa, Baleoalo and to the seacoast at Gaubusuiasi. Then from Gaubusuiasi follow the sea coast in North direction and ends at Namosula. Refer to Plt's map – Exhibit No. 1. The PLTS confirm the spearline by the documents – Exhibit Nos. 3, 5 and 7.

2. Pools:

Usuifua's tribal pools along the Afutara or the Wainiimaaka River are: (1) Namosiko, (2) Namotetekwaa, (3) Namonikwaihilia, (4) Aitalaula, (5) Sinafani naamena. Refer to Exhibit No. 9.

3. GENERATION HISTORY.

The generation of Usuifua is spelt out in the Plt's Exhibit No. 11. The Plts continue to say that their tribe's men Laia, Lotohia, Laiakomaa, Haitaikula, Lamena (Abanikari) once came down from the Usuifua bush and established at Aritabara at seaside and built their worship place there. (Refer to Plts Exhibit No. 10 on page 4). This is the first migration from Usuifua.

Then on the second migration, Maelofa, Sufiona, Oimou Kwaifunua and their children came to Alitabara. In 1930, Moses Maelofa and George Kolowane were taken to Australia to work on sugarcane plantation in Queensland. At their return Maelofa and Mr. Kolowane called on Senior Pastor Simeon Falilau to offer a prayer of dedication of Alitabara (Afutara) settlement to become a mission place for Bible School.

Then later Moses Maelofa and his group has to move from Afutara (N/W of Afutara River) and settled on the other side of the river (S/W which is known as Afutara Village. He lived there and when he died he was buried at Afutara side. He is said to be a man from Arunake line. Moses Malofa Suifiona and their group had to move because S.D.A. Mission has taken the lease of Afutara parcel of Land.

4. TABU SITE.

The tabu sites of Usuifua are: (1) Fausula (bush) and (2) Alitabara (Sea coast). Refer to Exhibit No. 10 on page 2 and 4.

5. PARCELS OF LAND.

The Plts claim that they have eighty (80) parcels of land and streams in Usuifua tribal land of which none is given away as gifted lands. (Refer to Plt's Exhibit 10, page 3.

6. PROPERTIES.

Usuifua tribe also claims to have coconut plantations, settlement and cemeteries in the Land.

B. DEFENCE.

1. The defendants Martin Suafunua of Igwa'a and Stanley Sufiona (Fr. George Apuitau) of Rate defend the claims of Philip Maelofa of Afitara and Ben Simiri of Afitara (plts) by saying that this Case- Usuifua Land boundary – is originally a boundary dispute. (A) Martin Igwa'a strongly expresses that " Usuifua Land Boundary" covers few parts of different tribal lands such as: (1) Maitoha my land,

(2) Arunake tribal land (my female land), (3) Rioriota and (4) Ohararai land. (B) The defendants also say that such boundary have crossed six streams namely:- 

(1) Wairasi, (2) Waikoroiasi, (3) Roapua, (4) Tariura'a, (5) Waipiriria and (6) Nairau streams. (C) He also emphasizes that the Usuifua boundary only follow settlements. It does not follow custom or natural features such as Rivers, Streams, Valleys and Ridges, and therefore it is a FALSE SPEARLINE. Refer to Defendant Map – Exhibit No. I. heavy strokes.

2. MAITOHA BOUNDARY

He says that Maitoha spearline is the TRUE CUSTOM spear line because it follows river Afutara up to Wanimaaka River and up to Wawarumae Stream at its head. It has custom features and therefore it is the right boundary.

He further criticizes that the South West spearline of Usuifua is totally a FALSE one. The wrong South West site spearline which starts at Gaububuiasi (sea) and runs through up Baleooalo, Kaa, Gaubusuitolo, Ngalifuaalo, Kwagio, Fatainiu, Aelakwa, Faulaia, Ngariagama, Alunisigafa and Wawarumae Stream has covered my Maitoha tribal land. Again this Southwest side of the Usuifua boundary is a FALSE Spear line because it does not go through rivers, valleys and ridges as to prove as CUSTOM spearline. Should Usuifua Land has not extended its spearline to cover my Maitoha tribal land, there would be no dispute as such. Refer to Plts extended boundary (South West Boundary) – Exhibit No. I.

My witnesses will confirm to Maitoha spear line in the proceedings.

3. MAITOHA PARCELS OF LAND.

The defendants also say that the parcels in Exhibit No. 10 page 3 of PLTS are also in Arunake tribal land and my Maitoha tribal land (A) The parcel in my land (Maitoha) are:- (1) Suaabono, (2) Aritabara, (3) Sikwariirii, (4) Isikorekore, (5) Aelakwa, (6) Gaubusuiasi, (7) Kosi, (8) Hatainu, (9) Wakio, (10) Lalaba and (11) Kwaena parcel of land is sold with A$120 to Oasuhu for cattle farm.

(B) Arunake parcels of land are:- (1) Komuniao, (2) Firu, (3) Balenigeni, (4) Aluniano and etc.

(C) Ofararai land parcels are:- (1) Ngarioofau, (2) Oriori, (3) Fautarau, (4) 	Raratea, (5) Tabakoka and (6) Fauao.

(D) Streams are (1) Nailau, (2) Ka'a, (3) Faulofeana, (4) Wawarumae. Such parcels are in different tribal lands which are covered by Usuifua boundary.

As the Court has proceeded through this boarder dispute Case – Civil Case No. 5/2004 the Court understands well the claims of the plaintiffs and the defendants DEFENCES. For the purposes of clarification and surety of the boarder dispute the Court focuses its concentration on the South West boarder of Usuifua Land (Plts spear line map – Exhibit No. 1) and the Maitoha North West boundary. (Refer to Def. Map – Exhibit No. 1) which are in conflict.

During the survey of South West boarder of Usuifua Land, the Court finds that such boundary does not follow any custom features as rivers, streams,  valleys or ridges. The Aritabara tabu site as claimed to be tabu site and the base of the boundary claim of plaintiffs is found to be only a settlement site. Thus the boundary is only a man made one and it is disqualified by the Court.

On the other hand the Court proves Maitoha spear line that follows naturally from Wawarumae Stream right down to the sea which separates the Maitoha customary land from Usuifua tribal land. The River that the spear line follows is said to be "Wainimaaka River" or "Afutara River". Refer to the plaintiff's map – (Exhibit No. 1) and defendant's map – (Exhibit No. 1). Thus such spear line is a TRUE CUSTOM boundary. 

Therefore the Court is satisfied to deliver its Decision.

DECISION:

(1) Maitoha Spear line is the TRUE CUSTOM boundary.

(2) Philip Maelofa's and Ben Simiri properties and settlements within Maitoha boundary must be respected at all times.

(3) Maitoha's tribe's men's properties are to be respected at all times.

(4) Both parties be reconciled as to follow the custom ways of living by your forefathers.

(5) Areas leased are excluded from this judgment.

(6) No order of Costs.

RIGHT OF APPEAL.

Any of the parties to appeal has to make within ninety days starting from 31st October 2008 to 28th January 2009.

Court Officials

(1). Rinaldo Talo	(V/P) ………………………………

(2). John Still Meke (CM) ……………………………….

(3). Timmy Aranga (CM) ……………………………….

Hillary Fioru (Court Clerk) ………………………………