THE CENTRAL Magistrate Court yesterday ruled an Appeal in respect of Maleiali water source in Central Province in favour of the rightful owners - the Kakau bala clan.
The Maleiali water source case was first heard in the Ngella Local Court 10 years ago.
An appeal by the Kakau bala clan against the Ngella Local Court submitted in the Central Islands Customary Appeal Court stated that the local court hearing was incomplete due to no survey to the disputed land and water sources. It stated that a survey must be carried out.
The Kakau bala clan insisted that the local court did not survey the land to see their tambu sites, the opposing party however claimed there was a survey which by conducted by their chiefs.
Court ruled that Kakau bala clan’s document submitted in court clearly identify a piece of evidence that they are the rightful owners.
They have also produced other documents, which clearly identify their tambu sites.
The court was satified with the clan’s submission however said the need to survey the land is not necessary because the documents provided are sufficent to make a decision without a survey.
The map and sketches submitted by the clan clearly identified the Kakau tanbu sites.