Lobo v Limanilove [2001] SBHC 33; HC-CC 101 of 2001 (5 June 2001)

HIGH OF SOLOMON ISLANDS

Civil Case No. 101 of 2001

JOH LOBO

As Representative Of Christian Outreach Centre

And Its Members At Lusukesa Zone, Savulei Ward, West Guadalcanal

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MELKIORE LIMANILOVE

(Chairman Of Tangarare Roman Catholic Parish Council)

And Others

High Courtolomon Islands

F. O. Kabui, J

Civil Case No: 101 of 2001

Ms. E. Garo for the Applicant

No appearance for the Respondents

Hearing: 1^st June 2001

Judgment: 5^th June 2001

UDGMENT

(Kabui, J): This is an ex parte appion for leave brought underunder Order 61A of the High Court Civil Procedure) Rules 1964 ( the High Court Rules). Order 61A were made in pursuant to section 18(6) and section 90 of the Constitution. The rules under Order 61A of the High Court Rules are for the purposes of the enforcement of the protective provisions of the Constitution being for the protection of the fundamental rights and freedoms under the Constitution. The application was made to this Court by Mr. Lesu kesa , Pastor of the Christian Outreach Centre, in the Savulei Ward in West Guadalcanal, on behalf of the members of the Christina Outreach Centre.

The factbrief

There is a Fisheries Centre Office building at Lambed by the Guadalcanal Provincial Government. Permission was sought from the Minister for Natural Resources, Honourable Stephen Panga, for the use of the building over the Easter weekend in April, 2001. Permission was granted in writing, allowing members of the Christian Outreach Centre to conduct their worship programme in that building. The programme started on Friday 13^th April 2001 in the morning and continued into the evening. At about 9.00 pm, a group of men attacked the building with stones causing damage to the building and the programme to stop. The next day a group of men told the members of the Christian Outreach Centre that they opposed them. They were told to leave. These men were members of the Catholic Church in the Tangarare Parish who had decided that no other religious denomination should worship in the Catholic Tangarare Parish area without permission. The feeling of dislike for members of the Christian Outreach Centre seemed to have begun in 1996 in that area of West Guadalcanal.

The Order Sought

That facts do demote the need for the protection of fundamental rights and nd freedoms entrenched in the Constitution of Solomon Islands. It is in the public interest that rights and freedoms under the Constitution are respected by all persons in Solomon Islands. I do not see any reason why I should not grant leave in this case. I would grant leave. Leave is therefore granted. Cost in the cause.

F. O. Kabui

Judge