Lokopio v Marovo Council of Chiefs [2006] SBHC 26; HCSI-CC 236 of 2006 (1 June 2006)

HIGH COURT OF SOLOMON ISLANDS

Alex LOKOPIO AND OTHERS

-v-

MAROVO COUNCIL OF CHIEFS AND OTHERS

High Court of Solomon Islands
(Brown, P.J)

Civil Case No. 236 of 2006

Date of Hearing: 1st June 2005

Date of Ruling: 1st June 2006

Mr. James Apaniai for the Plaintiffs
Mr. Wilson Rano of Pacific Lawyers for the Defendant

RULING and ORDERS

Brown PJ. The ex parte summons filed by Mr Rano for behalf of the applicant shall be heard with the summons filed in that other case cc184/2006. I order an amalgamation, then of the two proceedings and I direct refund of the filing in cc236/2006 and further direct that this summons filed by Pacific Lawyers on the 19th June be treated as a defence to the plaintiffs claim in cc184/2006 so that the summons of the 19 June and the affidavit in support may be read in reply to the other plaintiffs earlier claims.

I refuse the applicant’s leave to seek to issue this writ.

I refuse to hear the ex parte summons filed on the 19th June but shall treat that summons as I have said, as a defence to the plaintiff’s claim in the amalgamated proceedings. The defence shall be deemed to include the statement in support.

I direct that the defendants Alex Lokopio and others file and serve any affidavits on which they seek to rely within 28 days and the plaintiff shall have a further 14 days in which to answer such material at the expiration of which time, the matter may be set down for hearing.

I give liberty to apply.

The costs of today shall be costs in the cause.

I order continuation of the interim injunctions in cc184/2006 until further order or hearing of this matter.

(I note that the plaintiff have given an undertaking as to damages (which is on file) so that if the plaintiff should subsequently be shown to have caused the defendants wrongful loss by reasons of this injunction the defendants may seek to exercise their benefits under this undertaking).

THE COURT