Bollen v Sade - Orders [1999] SBHC 130; HC-CC 345 of 1999 (9 November 1999)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 345 of 1999

FRANK BOLLEN (Solovui Tribe),
PATTERSON BARUA MORAN (Masi Clan)
and BAPA AREA COUNCIL

-V-

STANLEY SADE AND OTHERS

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

Date of Hearing: 4/11 & 8/11/1999
Date of order: 9/11/1999

Judgment: Ex tempore

Mr P Tegavota for the plaintiffs/applicants
Mr J Hauirae for the first and second defendants/respondents
Mr Manedika also present
Absent: Mr Kikolo & Mr Noris

ORDERS

(Lungole-Awich, J):

1. The application is dismissed. It is in effect an application for an order exercisable in the supervisory power of the High Court by way of Certiorari. It is an application which ought not to have been made unless leave had been obtained under Order 61 rule 2 of the High Court (Civil Procedure) Rules.
   
2. This Court would refuse leave on the ground that The Forest Resources and Timber Utilisation Act, Cap 40 in the Laws, at section 10 (1) provides the remedy of appeal. The Order of certiorari is a discretionary order, and discretion to make the order is normally not exercised where statute provides for remedy such as appeal or review.
   
3. No order is made to interfere with the appeal process in the CLAC appeal cases Nos. 5/96, 6/96, 7/96 and 9/96. The question of jurisdiction may be raised before the CLAC.
   
4. If there has been inordinate delay by the CLAC to deal with the appeals, the legal action to take is not by this application which has the effect of prohibiting CLAC from hearing the appeal, or removing the appeal to the High Court on an order of certiorari.
   
5. Costs of this application are to be paid by the applicants to the first and second defendants and to Manedika who attended the hearing of this application. No order for costs to the defendants who did not attend this hearing.
   

Pronounced this Tuesday the 9th day of November 1999
At the High Court
Honiara

Sam Lungole-Awich
Judge