Narovo v Geli [1997] SBHC 22; HC-LAC 004 of 1996 (2 May 1997)

HIGH COURT OF SOLOMON ISLANDS

Land Appeal Case No: 4 of 1996

NAROVO

v

PETER GELI, JOHN SOGA,
HAROLD SAI AND SOLO SEMI

Before: LUNGOLE-AWICH, J

Hearing: 2nd May 1997 - Ruling: 2nd May 1997

T Kama for the Appellant - A Radclyffe for the Respondent

RULING

LUNGOLE-AWICH, J:

There is no need for Respondent to cross-appeal about meaning of primary and secondary right They are part and parcel of the present appeal.

In view of the recent decision of the Court of Appeal. I can only say that the High Court, in this appeal is not sure about what the Customary Land Appeal Court meant by primary right and secondary right in the customary land, the subject of the case before it. The High Court would like to be informed about the contents of those rights namely what primary right entitles the holder of that right to and what secondary right entitles the holder of secondary right to, in the land in question.

The parties are directed that they may, present their case whether by application or other procedure acceptable to the Customary Land Appeal Court or the Customary Court so as to obtain the interpretation that the High Court requires for the High Court to deal with the Appeal meaningfully. This direction to parties in this High Court appeal case may, if parties wish be presented to the Magistrate responsible for the Customary Land Appeal Court and Local Court that dealt with the case.

Costs are reserved.

Delivered this 2^nd day of May 1997.

At the High Court Honiara

Sam Lungole-Awich,
Judge