IN THE MALAITA LOCAL COURT

LAND CASE:	NO. 19 OF 1999	
LAND IN DISPUTE:	GWAIDALO/TAKADAO	
HELD AT:	AUKI	
HEARING DATE:	9TH MARCH 2009	
PERIOD/DURATION:	11 DAYS SITTING	
JUDGEMENT DATE:	25TH MARCH 2009	

JUDGEMENT

1.	ISSUE BEFORE THE COURT

The very issue before this Court is Gwaidalo/Takadao land dispute.

2.	GAINING THE CASE

The probabilities of gaining this case is based on custom facts produced by both parties – plaintiff and defendant and approved by this Court. This Court is a neutral body and has to deal fairly with them.

3.	CHIEF'S SETTLEMENT

The Aimela Council of Chiefs on the 28th day of April 1999 had settled this matter in favour of Tolinga tribe and because of the chief's avenues had been exhausted Mahlon Toitoona brought this case – case no. 19 of 1999 to this Court for legal determinations.

Thus this Court has jurisdiction to carry on as to resolved the long outstanding conflicts between the both concerned tribes – Ambu and Tolinga.

4.	CLAIMS

(a)	The plaintiff Mahlon Toitona stated that Gwaidalo/Takadao is NON EXISTENCE of portions of land within his Ambu tribal customary land histories.

(b)	GWAIDALO HISTORY

Just recently, in 1967, Gwaidalo village was created through his permission for Ramofuana to settle. Sala followed his brother Ramofuana and settled there. While Sala and his sons stayed there, they made a feeder road to the Gwaidalo village and planted coconut trees there, which are against his conditions, laid down to them. The incidents of Gwaidalo feeder road construction and planting of coconuts was reported to the plaintiff – Mahlon Toitoona

Sala negotiated to buy Gwaidalo land with Mahloon Toitoona with $600.00 but he, the plaintiff instead asked compensation of $200.00 for breaking the terms and conditions laid. Sala did pay $200.00 to Mahloon Toitona. Sala is the father of the defendant party.

Basically, Mahlon Toitoona, the plaintiff, expressed clearly, that Gwaidalo/Takadao as portions were no-existence in his tribal histories. Gwaidalo and Takadao, according to his logic, were only names of trees and of a stream respectively staying in the areas in the Ambu customary land. Takadao as a portion of land is only newly created histories by the sons of Sala to gain land from his Ambu customary land Refer to submission 1.

(c)	GENEALOGY

AMBU TRIBE GENEALOGY is as follows:-

1)	Uma'abu
2)	Emadau
3)	Gwauirobo
4)	Ubakona – Irobina – Kwaanialu
5)	Aburamo
6)	Maeraku
7)	Koosisi
8)	Kooala
9)	Kwadiusuli
10)	Kwadike
11)	Otolidoe
12)	Maeraku
13)	Anako
14)	Aesau
15)	Alairamo
16)	Gere
17)	Laloia
18)	Lauto'o
19)	Suluaola
20)	Liufiadoe
21)	Omega
22)	Herawane
23)	Heokelema
24)	Sipisoa – Samo Anofoa – M. Madu
25)	M. Toitona – Allen Samo – Hanama
(Refer to submission No. 2 – summary).

(d)	DEFENDANT SIDE.

(a)	On the other hand the defendant's Tolinga party represented by Allen Maefane and Henry Bira claimed that Takadao is a given parcel of land from Irobina of Ambu tribe.

(b)	Immediate, after the HAIALUMA CONTEST was won by Asimaoma of Tolinga tribe, a fight happened against them. Asimaoma's brothers namely Hourara and Bunianimae had to defend Asimaoma and his wife and Irobina. Unfortunately Asimaoma's brothers got killed in the war.

(c)	Asimaoma and his wife Olomaoma arrived home and reported what had happened to his father. Asimaoma and his father waited for the two brothers but non had returned Asimaoma's father told his son to search for his brothers Hourara and Bunianimae and if they had died, then, Asimaoma should demand a ransom reward from Irobina because he initiated the HAIALUMA contest which at the end caused the war from which his two sons died.

(d)	Asimaoma hurriedly went back to Irobina of Ambu and told what his father had demanded. In response to the demand and fear of another revengeful war from Tolinga tribe, Irobina award a parcel of land called "TAKADAO" for the two killed brothers. Hourara and Bunianimae were buried at Takadao grave. (Refer to def. submission 1).

(e)	TAKADAO MAP

The boundary of Takadao parcel of land is as follow: It 	starts at Namo Anigao to Hai Aluma stone, thence to Ialofo down the valley by the name Fuku valley, thence to Namo Talau, goes down the Kwaibala river to Namo Anigao (where it first starts). (refer to map attached).

5.	COURT FINDINGS.

The plaintiff Mahlon Toitona claimed Gwaidalo/Takadao portions of land as part of Ambu customary land. On the other hand the defendants Allen Maefane and Henry Bira claimed Takadao portion of land as a gifted parcel from Irobina of Ambu as ransom land for the two brothers of Asimaoma who died in a fight while defending Asimaoma who won the HAIALUMA contest in Abu land.

6.	COURT CONFIRMATIONS.

(a)	In survey, the Court approved a custom SPEARLINE between Gwaidalo settlement and Takadao portion of land which followed from Namo Anigao (Kwaibala river) (north) through a valley to HAI ALUMA point marked with a large stone (south).The spear line divides Gwaidalo 	settlement at the west border and Takadao portion of land at the east border (refer to Takadao map).

(b)	GWAIDALO SETTLEMENT

The facts of claims made by the plaintiff Mahlon Toitona are:

1)	Gwaidalo settlement was permitted by him.

2) 	Salatee did gave him $200 compensation for construction of Gwaidalo feeder road and planting of coconut trees was found to be true.

The defendants Allan Maefane and Henry Bira did not dispute Gwaidalo settlement. Thus Gwaidalo settlement area remains the part of Ambu customary land. PW1 and 2 confirmed

(c)	TAKADAO PORTION OF LAND.

The facts of CLAIMS produced by the defendants Allen Maefane and Henry Bira were of custom natures. The HAI ALUMA contest, although, it was a rare practice in Malaita, it did happen once in history of Abu land. The plaintiff and defendants agreed on Hai Aluma stories and such are common amongst the surrounding tribes near Ambu land. DW2 confirmed. The controversial stories about the deaths of Asimaoma's two brothers immediately after the incident of HAI ALUMA contest was confirmed when the survey showed that human bones were found and believed to be the bones of Hourara and Bunianimae at Takadao burial site.

Thus, such custom stories and facts proved that Takadao parcel of land was a gifted land to Tolinga tribe by Irobina of Ambu tribe. This gifted portion was a custom evidence itself to confirm Irobina of Abu – the famous actor – in the histories of Ambu customary land once in history.

Being satisfied, the Court delivers its Decision.

7.	DECISION

1.	Gwaidalo settlement area remains part of Ambu customary land as represented by Mahloon Toitona and Samo Anofooa.

2.		Takadao portion of land within Ambu customary land which was given as ransom by Irobina to Tolingo tribe as represented by Henry Bira, Allen Maefane, Akalonia and Kelly Lema.

3.	Takadao map is accepted.

4.	Properties owners are to own and use their properties in the areas.
5.	Both Tolinga and Abu tribe to reconcile.

Any party dissatisfy with this Decision, can appeal within ninety (90) days with effect from 25th March to 22nd June 2009.

Court officials:

1)	Rinaldo Talo (VP)			_______________________
2)	Philip Waletobata (CM)		_______________________
3)	John Still Meke (CM)		_______________________
4)	Lucian Kebai (Court Clerk)	_______________________