RAROTONGAN LEASE.

New Zealand Herald, Volume LXIX, Issue 21168, 28 April 1932, Page 12

RAROTONGAN LEASE.

PROLONGED LITIGATION. INTERPRETING A DOCUMENT. LANGUAGE EXPE.RT'S EVIDENCE. A claim concerning property at Raro(onga, which, it wrs stated, had been in progress for sevou years, was partly heard before Mr. Justice Herd man in the Supreme Court yesterday. The ca-o was admitted largely to depend 011 Ihe interpretation of a clause in a lease prepared in the Rarotongan language i" 1894. The plaintiffs in the original action were William Fellows Grove, Arthur James Grove and Joseph Bertram Grove, merchants, of Auckland, executors of William Henry Grove, who died in July, 1924, and the defendant was Ua Vakatini, of Rarotonga. The claim was for specific performance of the lease, which, it was contended, gave right of renewal to plaintiffs, but the defendant claimed that plaintiffs had wrongly remained in possession without his consent. Counsel for the plaintiffs said ho was not prepared to go on, as he was appearing only for another counsel who had long been concerned in the case, but who was now absent in Sydney. The original lease, he said, was for 30 years and expired at the end of 1923. The question turned upon a true and proper understanding of the Rarotongan language, and whether the letse contained right of renewal. . His Honor said i) was a pity the litigation could not le ended after seven years. Finality Desired. Counsel for the defence said his client was desperately anxious to reach finality. It was an anomalous thing that a counsel should go to Australia and make no provision for a case for which there was a definite fixture. His contention was that there was no right of renewal and that defendant was entitled to possession of the land. It was difficult to fiud interpreters for the Rarotongan language. His Honor: Is this property of any great value ?

Counsel for the Defence: We say it

Counsel for Plaintiffs: I think my friend will admit that Mr. Grove lias spent thousands of pounds on buildings. The native will win to the extent of the buildings if he succeeds in this action. His Honor: How is the Court to arrive at the truth? Counsel for Plaintiffs: There are a number of expert witnesses. His Honor: Do they differ ? Both Counsel: Yes, very materially. It was agreed tc hear one witness for the defence who had been brought from Palmerston North at considerable inconvenience. Languago Described. Frederick William Christian, librarian at Palmerston North, said he went to Samoa in 1892, and visited a number of Pacific islands, making ethnological inquiries. He had published several books on the Pacific Islands and had prepared dictionaries of the language of Mangaia and -of Rarotonga. He could speak both those languages well, and had made a careful study of them. Witness submitted a translation of the lease in question, and a list of the words used in the document with their relative English meanings With regard to a clause referring to renewal of the lease at its expiration witness said that it opened up tho way to another agreement prefaced by discussion.

His Honor: But does it give the lessee anv particular rights ? Does it give h:m the right to insist that he shall have another lease.

Witness: No. it does not give, him the right. It affects both parties equally. The use of t lie imperative in Tlarotongnn was illustrated by the witness by reference to a number of passages from the Rarotongnn Bible. According to his irterpretation the lessee could cive up at any time by handing bnck the buildinjs and land. Witness disagreed with other interpretations offered of the lease. In cross-examination, witness said there were about 1600 words in the Rarotongan language, as compared with 60,C00 in English. The case was adjourned sine die.