Bopi v Pasa [1991] SBHC 12; HC-CC 123 of 1988 (4 February 1991)

HIGH COURT SOLOMON ISLANDS

Civil Case No. 123 of 1988

BOPI AND TARAI

-v-

LINE PASA (as representative of his Line)
and DIKEA

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

Hearing: 4 February 1991
Judgment: 4 February 1991

A. Radclyffe for the Plaintiffs
Second Respondent in Person

WARD CJ: This is yet another case where the defendant is unwilling to accept legally binding acts by others over land in which they have some interest or to accept court orders that go against them. In this case the Defendant has simply ignored the earlier court orders all of which are against him.

I feel the offer of the plaintiff to settle in the sum assessed by the Local Court is too generous. I order that they pay compensation for the trees in the sum of $549, but that sum is to be reduced by $200 as damages from the Second Defendant for his continued and deliberate trespass. There is to be no interest on the sum payable to the Second Defendant because of his lack of willingness to negotiate.

I also order an injunction as follows:

John Dikea and his line be restrained from entering or remaining on Borohinaba land without the express permission of the plaintiff or from removing any fruit or trees or other plants from that land.

Costs of $50 to be paid to plaintiffs.

(F.G.R. Ward)
CHIEF JUSTICE