LAW REPORTS

Dominion, Volume 8, Issue 2497, 25 June 1915, Page 5

LAW REPORTS

SUPREME COURT LAND AT CHATHABI ISLANDS DISPUTED OWNERSHIP A Native land dispute, in which all the parties concerned are residents of the Chatham Islands, was tho subject of reserved judgment by His Honour the Chief Justice (Sir Robert Stout) in the Supreme Court yesterday afternoon. There were two actions relatmg to practically the same matter and based on a similar sot of facts, and by agreement they had been heard together last month. T'be plaintiffs in the first action were: May Inia, Edmond Inia, Tocnga Inia, and Rere Tawhangawhanga Inia, infants by their guardian-ad-litem, Inia Tuhata. and Inia Tukata, farmer as trustee of the aforesaid nfants. The defendants were Ngamako Himiona, Miria Himiona, and Ngahuia Hami, farmers. In the other action the plaintiffs were Paniora to Arahu and others, while the defendants were Paki Hami and Ngakina. Hami farmers. Mr. C. B. Morison, K.C., with him Mr. G. Samuel, appeared for the plaintiffs, while Mr. A. W. Blair appeared for the defendants. In the statement of claim, the plaintiffs alleged that the defendants' and Himiona Tahuhu (deceased), in or about the month of June, 1905, unlawfully took possession of certain lands belonging to the plaintiffs and known as Wharekauri No. 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 June, ICOo. The defence was a complete denial of the various allegations in the statement of claim. At the hearing, Mr. Blair raised the question of jurisdiction, and His Honour noted the point. Subsequently Mr. Blair conceded that there could be no doubt about his clients being in possession and that the question therefore resolved itself into one of damages. His Honour yesterday granted possession to the plaintiffs in both, cases, and awarded £100 damages to plaintiffs in the first case, £75 damages to plaintiffs in the second case, injunctions in both cases to prevent defendants froin taking firewood, etc., costs of the action ana witnesses' expenses from the Chatham Islands