Lauringi v Lagwaeano Sawmilling and Logging Ltd [2000] SBHC 6; HC-CC 131 of 1997 (22 February 2000)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 131 of 1997

NELSON LAURINGI AND OTHERS

–V-

LAGWAEANO SAWMILLING AND LOGGING LTD AND OTHERS

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

Date of Hearing: 22 February 2000
Date of Judgment: 22 February 2000

Judgment: Ex tempore

Mr G Suri for the plaintiffs/respondents
Mr C Ashley defendants/applicants

JUDGMENT

(Lungole-Awich, J): By order of this Court made on 16.9.1999, the Court discharged earlier injunction orders except that money held was to be kept in trust account of the solicitors for the parties pending the outcome of the appeal of the plaintiffs to the Malaita Customary Land Appeal Court. The second defendant has now applied for the release of part of the money that would not be regarded as money due as royalty. The application is refused. The apportionment into royalty and expenses, of the money held, will not help because the case of the plaintiff is in trespass which is redressable by injunction and damages to be assessed. I was minded to allow the application if the applicant gave assurance that money will be available to meet the sum likely to be assessed as damages, in the event that the plaintiffs win the appeal. The defendant has not been able to give the assurance.

This application and many others in the past would have not been made if the MCLAC decided the appeal before it early enough. On 16.9.1999 when I lifted some of the injunction orders, but maintained the order to hold the money which had already been received, I had been informed that the MCLAC was to deliver its judgment on 30.9.1999, just two weeks later. Up to now MCLAC has not delivered the judgment. I request the Registrar to write to the Principal Magistrate concerned so that the Magistrate impresses upon the MCLAC that the High Court would like to have the decision of the MCLAC most urgently now, so that the aspect of the case at the High Court can be proceeded with to conclusion. The case at the High Court has been made to wait for the decision of the Local Court and The Customary Land Appeal Court since 1997.

In view of the fact that this application would have been unnecessary had the MCLAC given its judgment, I reserve the costs of the application to the final determination.

Delivered this Tuesday the 22^nd day of February 2000
At the High Court
Honiara

Sam Lungole-Awich
Judge