Kuve v Ragoso [2000] SBHC 25; HC-CC 232 of 1999 (18 July 2000)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 232 of 1999

MARLON KUVE

-V-

HERRICK RAGOSO AND OTHERS

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

Date of Hearing: Friday 14 July 2000
Date of Judgment: Tuesday 18 July 2000

Mrs N. Tongarutu for Respondent/Plaintiff
Mr A Nori for Applicants/Defendants

JUDGMENT

(LUNGOLE-AWICH J): This is judgment in the application of the applicants/defendants by ex parte summons dated 11.7.2000. When the application was presented on 13.7.2000 I decided that it was not an application suitable to be made ex parte. The seizure of logging equipment complained about had been reported to the police, knowledge by the respondent that an application was being made could not be prejudicial, the police was likely to have been in contact with the plaintiff already. The Court also needed to know in whose custody the items of equipment were if an order for their return was to be made. I ordered service of the application papers and granted that the application could be heard as an urgent one at shorter notice than two clear days. Service was effected and the application was heard the next day 14.7.2000 in open court. Cases concerning customary land usually concern many people and in my view, should not be heard in chambers and ex parte unless the urgency and other circumstances compel.

The applicants filed affidavit of Marvin Baekisapa in which it was deposed that the respondent led a group of armed men to a timber logging camp of the applicants on Bava Island, Vella La Vella and forcibly removed logging equipment belonging to the applicants. It was feared that the group would return and remove more items. The applicants are said to be on the island lawfully, they have a licence to fell trees and export as timber.

The incident the subject of the application has come at a very advanced stage of the substantive case commenced by writ of summons dated 18.6.1999 and filed on 6.7.1999. The main claims in the writ were that the plaintiff with others and not the first defendants were the persons entitled to represent the Bava land owning tribes that included the plaintiff and the first defendants, and that the plaintiff was entitled to be in charge of the logging operations being conducted on Bava Island through the second and third defendants, and the plaintiff is entitled to receive all proceeds of the operation, on behalf of Bava tribe. Parties are agreed that there are serious issues raised by the claims. Pleadings seem to have closed and direction orders have been made on 24.5.2000 for inspection of documents and fixing date of hearing.

Since the making of direction orders some confrontation seemed to have occurred at the defendants' camp and it is said that the plaintiff was responsible for the confrontation. The solicitor for the plaintiff has not been able to contact him. She was not in a position to oppose on good grounds, the application for temporary injunction bringing a stop to the confrontation. She urged that the Court should not grant very wide injunction that has the effect of stopping the plaintiff and his group from entering the island in pursuit of hunting and other activities of their livelihood. I totally agree.

The application succeeds with variation. An interim injunction is granted, restraining the plaintiff and or anybody acting on his behalf or with his approval from entering the logging camp, logging site and log ponds and from interfering with equipment and any belonging or anything in the possession of the applicants, and further restraining any interference with the applicants' operation. It was alluded that the licence of the defendants may have been suspended. I do not take that into account as it was not stated in affidavit. The interim injunction order is to last for 60 days, but the plaintiff is at liberty to apply to the Court in the event that further facts are ascertained and the plaintiff would like the interim injunction removed. It is directed that the plaintiff, within the 60 days obtain a date of hearing which need not be within the 60 days.

Costs of this application are reserved.

Delivered this Tuesday the 18^th day of July 2000
At the High Court
Honiara

Sam Lungole-Awich
Judge