Hallu v Marovo Council of Chiefs [2007] SBHC 112; HCSI CC 63 of 2006 HCFJ 133 of 2007 (18 September 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 63 of 2006

RAKU PITU HALLU
AND DERRICK HALLU
(Representing the Olovotu tribe)
of Marovo, Western Province

-v-

MAROVO COUNCIL OF CHIEFS
AND ROBERT PENTANI

Date of Hearing: 18 September 2007
Date of Ruling: 18 September 2007

Mr. Apaniai for the Plaintiff
No other appearance

RULING on procedure following application to adjourn generally pending decision by Council of Chiefs.

Brown, J: I’m satisfied this court has power to refer disputes to the properly constituted tribunal. In this case, since the predominance of the issues are issues of custom, both as to the plaintiff’s grounds and the Council of Chiefs procedures complained about, this court should remit the proceedings to the Local Court for further hearing.

I impose a stay of proceedings in the Local Court for a 4 months period since there is the possibility of settlement.

The proceedings may then be instituted by the parties aggrieved by filing the papers in this case cc 63/2006 as the papers of the appeal referred to in the Local Court Act as an appeal from a decision of the Chief’s.

THE COURT