Bongidani v SLH Timber Corporation Ltd [1995] SBHC 61; HC-CC 117 of 1995 (2 November 1995)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 117 of 1995

ANTHONY BONGIDANI

-v-

SLH TIMBER CORPORATION LIMITED

High Court of Solomon Islands
(Muria, CJ.)

Hearing: 2 November 1995
Ruling: 2 November 1995

C. Ashley Plaintiff
A. Radclyffe Defendants

MURIA CJ: I have heard submissions by Counsel for the parties in this application and I have read the materials put before the court.

I feel in this case the circumstances as shown by the evidence clearly do not support the claim that injunction ought to be issued. The plaintiff has no objection to the operation of the defendant and it would therefore be not right to stop it by way of an injunction in that regard. The question in dispute is the use of the road and the consent to construct and use that road. I feel that can be resolved without the need to restrain the defendant.

There is obviously a dispute as to who owns the land through which the 3 km road passes. That will have to be resolved soon, and it is in the plaintiff’s interest that the question of ownership over that land is resolved.

However in order to assist in resolving the issue as to the rights over the 3 km road, I order that the question of the ownership of the land through which the 3 km road has been constructed be determined by the chiefs in the area. That will have to be done as soon as possible. I feel a proper time period for that to be done must be two (2) months from today.

The plaintiff in this case in my view would do better to pursue his claim for damages rather than by way of an interlocutory application such as the present. Of Course this will depend on the findings of the Chiefs on the question posed for them and any subsequent proceedings thereafter.

The injunction applied for in this case is refused.

Order: Application refused

Costs in the cause.

(Sir John Muria)
CHIEF JUSTICE