Asolo v Maeli [1990] SBHC 59; HC-CC 032 of 1990 (5 November 1990)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 32 of 1990

RICHARD ASOLO

-v-

JACK MAELI

High Court of Solomon Islands
(Ward C.J.)

Hearing: 5 November 1990 at Auki
Judgment: 5 November 1990

A. Bowen for the Appellant
T. Kama for the Respondent

WARD CJ: This case must be resolved. It has dragged on too long.

I have considered all the matters. It seems clear to me that, whatever the result of an affidavit from David Kaiena, the problem will still be opposing affidavits and no way of resolving the dispute.

I am not satisfied the case of 7 August 1974 put in by Mr Kama even relate to this land. There is a reference to Apere being the winner of King Vila's race and living at Ausi at present but I am not sure they are in fact ruling on the ownership of that land.

I feel that, in view of the conflicts, the Court can only act on the court record of the hearing on 5 February 1974. That decision is clear and I have not heard evidence that suggests to me it is not accurate. The rights to the three paddocks, Halepusai, Ausi and Suvai belong to the applicant.

I make no order on the attachment because it seems to me that, with such conflicting opinions available, the respondent may truly have believed he had a right but he must now understand he has not.

Thus no order on attachment but respondent is to cease to reside or work on this land, Halepusai, Ausi and Suvai, or in any other way to trespass on the land. Any copra on that land belongs to the applicant.

No order for costs.

(F.G.R. Ward)
CHIEF JUSTICE