Ilalatofe v Notasela [1991] SBHC 38; HC-CC 040 of 1991 (13 June 1991)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 40 of 1991

ILALATOFE AND OLISTATION

-v-

NOTASELA

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

Hearing: 13 June 1991
Judgment: 1991

Appellants in person
T. Kama for the respondent

WARD CJ: This is an appeal from a judgment by the Principal Magistrate's Court in Auki in a civil claim over ownership of a tree felled by the defendants.

The plaintiffs' case was that the tree was felled on part of his land. He states that the land, Feratala/Ore Ore land, is one land and he and his line are the owners as has been demonstrated in a series of cases. The defence is that the defendant was given permission to fell the tree by a man who purchased Ore Ore land from one Sale Bafu. The plaintiff denies Sale Bafu's right to sell. The trial became a consideration of the earlier cases and the learned Principal Magistrate dismissed the claim.

At the appeal the appellant sought again to demonstrate his claim to the land through the earlier cases. I felt at that time I could not help him but said I would look through the earlier cases again before giving a final decision.

He is appealing here not about the other cases but about the failure of his claim before the magistrates court. In that case, the burden was on him to demonstrate that he owned the log and he failed to discharge that burden.

The learned magistrate considered all the cases put before him and concluded that any person claiming through Sale Bafu had a better claim than the plaintiff. He had read the cases and that is a conclusion he was bound to make. Clearly he had sympathy with the plaintiff and said so. I agree and so I said I would consider the earlier cases myself to see if I could find any other interpretation. I have done so and I cannot.

The appeal must be dismissed.

The plaintiff wishes here to clarify the position with regard to the ownership of Feratala/Ore Ore land. Even if he had won this civil claim, it would not have settled that matter. He must seek legal advice on how to pursue his claim in the proper courts.

(F.G.R. Ward)
CHIEF JUSTICE