Maka v Malaita Customary Land Appeal Court [2023] SBCA 19; SICOA-CAC 9006 of 2020 (2 October 2023)

IN THE SOLOMON ISLANDS COURT OF APPEAL

Case name:	Maka v Malaita Customary Land Appeal Court
Citation:
Decision date:	2 October 2023
Nature of Jurisdiction	Appeal from Judgment of The High Court of Solomon Islands (Kouhota J)
Court File Number(s):	9006 of 2020
Parties:	Edward Maka and Martin Dick v Malaita Customary Land Appeal Court and Alfred Kiki
Hearing date(s):	2 October 2023
Place of delivery:
Judge(s):	Hansen P Gavara-Nanu JA Lawry JA
Representation:	L Kwana for the Appellant S Banuve for the First Respondent S Kilua for the Second Respondent
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:
ExTempore/Reserved:	Ex Tempore
Allowed/Dismissed:
Pages:	1-2

JUDGMENT OF THE COURT

1. This is appeal 6 of 2020 which has a long history, the High Court file. Claim being first lodged in the High Court in August of 2012. The appeal was filed in 2020. Very little happened and so that the matter was brought before this Court in April of this year where direction orders were made. The Appeal Book was filed in accordance with that but nothing else happened. Mr Kwana has given a number of reasons for this from the Bar. He must know as an experienced Counsel, that evidence from the Bar table is of little assistance and the proper course was to file documentation in Court and he has chosen not to do so.
2. The appeal was three years old, the file itself was 11 years old. He was given a chance by this Court in April which was not taken. The Registrar advised the Appellants of their obligations. The appeal struck out.
3. There will be costs for the 1^st and 2^nd Respondents on the usual basis to be taxed if not agreed.

Sir John Hansen
Acting President of the Court of Appeal