The Sogi land case
Re: Take away your emotions
"That kind of evidence is allowed in the Lands and Titles Court for matters to do with customary land."
It applies to both if the land is located in a country that isn't considered part of the west because it’s independent.
"However, for any other type of land, freehold or government land, the western law applies because those types of land are western concepts."
If the family were occupying a customary land, they would've been kicked out before they settled there. But if they settled in a freehold land or government land, they would have been kicked out immediately if permission weren't given, gifted or purchased. So how long the family lived there? Do you remember?
"These guys are descended from Melanesian labourers so they cannot argue customary land arguments on land that is clearly not customary land."
I don't believe that they were arguing any customary land arguments. With the testimony of the old man, I wasn't quite sure what his argument was.
Having a lawyer represent you in court free of charge, I don't believe it’s a good idea, no effort was put into the case or any preparation for representation.
"Otherwise, if you are going to argue customary land arguments, then the traditional nuu mavae of this area would have a say on who really owns that land, and it wouldn’t be the Tokuma family."
Well, no doubt about that.