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Ma'ara v Sibea [2020] SBLC 4; Land Case 19 of 2018 (23 July 2020)

IN THE MALAITA LOCAL COURT OF SOLOMON ISLANDS

LAND CASE NO: 19 OF 2018

IN THE MATTER OF FAFOEASI CUSTOMARY LAND

BETWEEN: SLYVESTOR MA’ARA
PLAINTIFFS

AND: 1.CHRISANTO SIBEA.2.MASIRIANO KIKIMANU.3.ANOTHONY SAM

DEFENDANT

Date of hearing: 14 of July 2020
Date of ruling: 23 of July 2020

Plaintiff (represented by Mr. Francis Siamauri)
first defendant (represented by Mr. David Nueburi)
second defendant appeared in person
third defendant appeared in person

RULING ON PRELIMINARY INQURY

Introduction

On the 14 of July, the matter came before the Court for a hearing on the Fafoeasi Customary Land. Before the commencement of the hearing, there were issues apparent before the Court which needs verification and smoothing down, thus the Court call oral submissions from both parties to inform the Court on the current status of the matter, and have made few questions to both parties to this crucial issues. Firstly, whether there had been a determination from the High Court upon its directives order dated 11 of April 2018 after the Ngarilasifono House of Chiefs lodge in there finding on 7 May 2018 to the Registrar of the High Court. In considering and settling the above preliminary matter, which are of course point of law and procedural matters, which serve the interest of justice to process on a proper scale.

The matter come before this court by a way of a referred made based upon the findings of the Ngarilasifono House of Chiefs in an (unaccepted settlement Form 1), made especially to comply in accordance with the High Court Directives Order in civil case no.23 of 2011 which thereafter the plaintiff as an aggrieve party further lodged in their case to the Malaita Local Court. After assessing on the issue the Court, feel to address this matter before dealing with the referral substantive matters also only if it is applicable according to the Local Court Act Cap.19.

Therefore the Local Court first consult with the High Court before uncover stories from both parties and deal with the case. Now upon confirmation of matter pending before High Court awaits the outcome of the Local Court (Malaita) base on the direction orders question 1 (a) and (b), hence this court is confident to proceed on in accordance with the High Court Order and not to focus on the Ngarilasifono House of Chiefs current finding.

Plaintiff Case

Entirely of the case, the plaintiff rely on his Exhibit, documents and judgements and decree from the previous cases MLC 18/81 and CLAC 83/2/c/2.

Discussion to High Court directions order 1(a)

Plaintiff stated the agreed and approve boundary that has been recorded as evidence upon which the CLAC decree of case 83/2/c/2 is to base on is the true Customary Land boundary of Fafoeasi as follows;

N - Kwaina Stream
E - Valley Dividing it from Suliile Land
S – Afe’eo River (N. Branch)
W – Pegged Boundary of Alienated land

Discussion to High Court directions order 1 (b)

About the relationship, refer back to previous cases MLC 18/81 & CLAC 83/2/C/2 plaintiff stated that within the records of proceeding, there are names written to it were said to be the witness for the (Plaintiff): witness names are as follows:

Liuaniala – represented from Alakoa mother Land (His status is Pagan Priest)
Odafaosia – is of Suliile & Bubuite sub Customary Land (status Pagan Priest)
Isuomea – of Dona Suliile Land (Position tribal elder).
Sifonabo Michael – of Lade Customary Land, (position tribal head Leader)

Which now the 3^rd Defendants, Name Chrisanto sibea is the grandnephew of first wittiness Mr. Liuaniala, Mr. Masiriano Kikimanu is an uncle of Isuomae and Mr.Anthony Sam is a grandnephew of Odafaosia, thus prove no blood relationship with us.

Also further explain that the nature of this matter occur from the ‘trespass’ from the 3^rd defendants into the plaintiff boundary.

Defendant Case (discussion of boundary 1 (a))

Stated to be a new party, and have its own map similar to the plaintiff map, however, it shows new boundaries YET within the Fafoeasi Customary land and further explain that within Fafoeasi land itself consist of seven (7) other sub tribe lands, therefore with the split of other 7 tribal lands shows the new boundaries piercing out in the defendant map.

Discussion of relationship 1(b)

Each of the 3^rd Defendants express in their own words confirming that each one of them have no blood tires with the previous case parties of either Mr. Paul Misiga the defendant of CLAC 83/2/C/2 and the Plaintiff Mr. Sylvester Ma’ara which the now plaintiff did not dispute it as well.

Further, the court summon the previous party of name, Paul Misiga but deceased now his son confirm before the Court and says that he, name Coleman Rufasimae son of Mr. Misiga from his knowledge he has no blood tires with the defendants however further stated that they used to be the witness to the plaintiff parties before as claim by the current Plaintiff.

Court Analysis

Upon considering all the above discussion and analyzing the oral and written submission, exhibits provided by both parties the Court in conclude firstly remind itself that the matter is not of customary land ownership but of the customary boundaries of Fafoeasi land and relationship of the defendants to the parties of the previous cases.

Therefore, upon balancing, the evidence heard and references of the file case no. 19/2018 on the inquiry hearing. The balance of probability inclines more to the plaintiff case then on the defendant’s. Hence, the court make the following finding answers to the High Court directive orders;

1. The customary boundaries of Fafoeasi is as same to the CLAC judgement 83/2/C/2;

N- Kwaina stream
E- Valleys dividing in from Suliile Land

S- Afeeo River (N. Branch)

W- Pegged boundary of alienated Land.

2. The 3^rd Defendant did not have any blood relationship or connection with the both parties in Local Court Case No. 18/1981 and Customary Land Appeal Case No. 83/2/C/2.
   

The Court

Philip Waletobata (Acting President of Local Court)

Eddie Wasi (Local Court Member)

Atali Ramo (Local Court Member)

Angella Ete (Local Court Clerk)