Before: Palmer J.
Hearinth October, 1997
Judgment:
6th January, 1998
Counsel: G. Suri
for the Applicant/Plaintiff
C. Ashley for
the Defendefendants
PALMER J:
The Applicants apply by summons filed
on 10th October, 1997 for orders inter alia to be granted
liberty to sell
the logs felled within Lagwaeano/Siubongi
customary land. The ground on which this is based
essentially is that
since the orders of this Court issued
on 25th August, 1997, in which the Defendants were
authorised to sell logs
already harvested, the Defendants
had failed to expedite the sale of the said logs and that
thereby the Plaintiffs
feel that in the interests of
justice, they should be given that liberty to avoid any
further deterioration of
the condition of the logs in
terms of saleable value. In support the Applicants rely
on the affidavit of Ramon
Jun Quitales filed on 17th
October, 1997, in which he deposed to the fact that Herea
Dae Company of which he is
the Managing Director was
prepared to buy the said logs at US $142.00 per cubic
metre for vitex and pometa at US
$110.00.
In response the Defendants have filed
the affidavit of Andrew Loboi to counter the submissions
of the Appli. At
paragraph 7 of Mr Lobo Loboi's
affidavit, he states that a long term contract had been
secured with Everbright
Commercial Enterprise Ltd at a
price of US $140.00 per cubic metre for vitex logs. Mr
Loboi also deposes to other
relevant matters which he
views favour the Defendants side as to being given the
liberty to sell the already felled
logs.
I have considered those matters,
including the fact that the Contractor, Ado Solomons Corp. Ltd have men and equipment
available on site to
e to
carry out the hauling and transportation of the felled
logs as compared with the suggestion
put forward by the
Applicants to allow Herea Dae Company to come in and do
the hauling and other necessary work.
In balancing the
submissions of the parties, I am satisfied the
application of the Applicants should be dismissed.
The
defendants be allowed to sell the felled logs to
Everbright Commercial Enterprise Ltd at the price of US
$140.00 per cubic metre for vitex and any other logs at a
price of not less than US $110.00 per cubic metre. They
be given sixty days to complete hauling and shipment of
the said logs. To that extent paragraph (2) of the order
of this court contained in the judgment dated 25th
August, 1997 be varied accordingly.
ORDERS OF THE COURT:
p style="marginargin-top: 1; margin-bottom: 1">1.Dismiss summons of the
Applicants/ Plaintiffs filed on10th &nnbsp; &nnbsp; &nbp; &nbp; &nnbp;& &nnbsp; &nbp;
Ocp; October, 1997t>
2. Vary paragraph raph (2) o(2) of ordf orders of
this Court contained ined in thin the Jude Judgment dated 25th August
1997 as follows:
"(i) The Defendants be
at liberty to sell logs already felled to
Everbright Commercial Enterprise
Ltd at the price
of US $140.00 per cubic metre for vitex and not
less than US $110.00 for others.
(ii) The Defendants to
complete haulage and shipment of the logs within
sixty days from date of
judgment."
3. The Plaintiffs shall bear the
costs of the Defendants in this application.
p align="centerenter" style="margin-top: 1; margin-bottom: 1">ALBERT R. PALMER
The Court
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