SUPREME COURT

Dominion, Volume 8, Issue 2478, 3 June 1915, Page 9

SUPREME COURT

LAND AT CHATHAM ISLANDS

DISPUTED OWNERSHIP

A Ntithe land dispute, in which all "10 parties concerned arc residents of the Chatham Islands, was before Hi« Honour the Chief Justice (Sir Robert Stout) in the Supreme Court yesterday morning, There were two actions relating to practically the same matter and based on a similar set of facts and by agreement _ they ivere heard together. The plaintiffs in the first action were: May Inia, Edmond Inia, Toenga Inia, and Here Tawhsingawliaiiga, Inia, infants by their guardian-ad-litem Inia Tuhata and ? m -I'ukata, farmer, as trustee of the aforesaid infants. The defendants were Agaruako Himiona, Miria Himiona, and iN'gamiia Haini, farmers. In the other action the plaintiffs were Paniora te Arahu and others, while the defendants w-ere Paki Harai and Ngakina Hami, farmers.

Mr. C. B. Mori6Dn, K.C., with <hdm Mr. G. Samuel* appeared for tho plain- ' while Mr. A. \\\ Blair appeared for the defendants.

J n the statement of claim, the plaintufis a-lleged that the defendants (and Himiona Tahuliu (deceased), in or about tho mouth of June, 1905, unlawfully took possession of certain lauds belonging to the plaintiffs and known as "Wharekauri iso. 1 L, Mairangi, No. 2 Chatham Islands. The "block had been partitioned by an order of the Native Land Court, but this order had never been obeyed. As defendants had retained possession of the land and refused to give it up to the plaintiffs, the latter now claimed possession, an injunction to restrain the defendants from interfering with the plaintiffs in their possession, and .£350 as damages for loss of mesne profits from Jum>, J9oa.

Tta defence was a complete denial of the various allegation in tho statement of claim.

At the outset, Mr, Blair raised tho question of jurisdiction and His Honour noted the point. Subsequently Mr. Blair conceded tnat there could be no doubt about his clients in possession and that the question therefore resolved itself into one of damages. Certain witnesses had given evidence before the Registrar, and yesterday other witnesses were called on both sides. His Honour reserved judgment.