Lauringi v Lagwaeano Sawmilling and Logging Ltd [1998] SBHC 55; HC-CC 131 of 1997 (18 May 1998)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 131 of 1997

NELSON LAURINGI, RUBEN KIARA AND KALISTO LETAKORO

-V-

LAGWAEANO SAWMILLING AND LOGGING LIMITED, JOSEPH TAEGA, KUNUA, SANILE AND JOB TUITA

High Court of Solomon Islands
(Lungole-Awich, J)

Hearing: 6 & 12.5.1998
Judgment: 18.5.1998

JUDGMENT

(LUNGOLE-AWICH, J):

The application before court is by the amended summons dated 22.4.1998, filed the same day, in which the plaintiffs have asked for order to allow them to sell the logs on Lagwaeano/Siubongi customary land on Malaita. On 25.8.1997 I granted the application of the plaintiffs for injunction restraining the defendants from continuing with logging operations. I then granted permission for the defendants to sell all logs already felled so as to save the logs from waste. It is now 10 months, the defendants have not been able to sell the logs. Since then parties have had at least 2 interlocutory applications before Palmer J. who understandably observed that the applications should have been listed before me, the judge who made the first interlocutory order.

It appears that one of the applications before Palmer J was to set aside my judgment and orders I had made on 25.8.1997. Not surprising, Palmer J refused the application in his judgment dated 6.4.1998. I have been informed that on another occasion, Palmer J gave the defendants 60 more days to complete selling the logs, but up to now, more than 90 days after, they have not sold any of the logs. The plaintiffs now have applied for order to sell because the defendants have failed to do so. The plaintiff’s reason is that the value of the logs are going down.

The defendants have not, even after adjournment, filed affidavit explaining their failure to sell the logs in up to 10 months. An affidavit of someone engaged by the defendants to carry out the sales was not admitted as it seemed not to have been authorised by the defendants.

I am left with a one sided case. I grant the application of the plaintiffs, authorising them to sell the already felled logs now in the bush or log pond. The proceeds are to be paid into joint trust accounts of the solicitors for plaintiffs and defendants. Costs of the sale and associated operations are to be agreed by parties. The sale prices are not to be lower than $140 for vitex wood, quoted by the applicants. The price for the other woods is to be discussed by parties and the buyers. The order to sell will last for 90 (ninety) days only. The injunction order of 25.8.97 remains in force except where inconsistent with this order. Plaintiffs may ask for help from the police. Costs will be in the cause of the main action. Plaintiffs to report to Registrar in 30 days, the progress of the substantive case. Unless there will have been significant progress in the substantive case in the next four months, the interlocutory order for injunction will be discharged. Registrar to list the case not later than 40 days from today for review of progress.

Dated this 18th day of May 1998
At the High Court,
Honiara

Sam Lungole-Awich
Judge