Osiramo v Aeounia [2007] SBHC 61; HCSI-CC 364 of 2006 (27 June 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 364 of 2006

JOHN OSIRAMO

-v-

MESACH AEOUNIA & OTHERS

Date of Hearing: 27 June 2007
Date of Ruling: 27 June 2007

A. Nori for the Applicant
No appearance of the Respondents

RULING on Claim for Judicial Review relating to a decision of the Customary Land Appeal Court

Brown, J: The originating summons seeks judicial review and a declaration that the decision of the Malaita CLAC court dated 15 June 1977 is final and conclusive on ownership and boundaries of Arabala (also known as Aigiriu) customary land, situated in Central Kwarae’ae.

Mr. Nori represents the applicant. A notice of appearance was filed by Pacific Lawyers and affidavits by Leonard Sasai have been filed in the cause.

Mr. Nori says on the authority of a copy CLAC record "JO1" to John Osiramo’s affidavit of 12 September last that the court should be satisfied the record speaks for itself in that it deals with the landowner and boundaries of that land. I agree. There is no contrary evidence even on a reading of those affidavit’s of the respondents.

Mr. Nori also points to a copy letter of the Registrar, HC "JO2". That letter dated 10 November 1978 refers to the fact of the earlier CLAC decision of the 15 July 1977, that no appeal had been lodged within time; that a undated petition of appeal by Mr. Alongolia had been received by the District Magistrate and sent on to the Registrar of High Court by letter of the 18 August 1978 which petition was out of time and that the Registrar of High Court directed the Principal Magistrate Auki to so inform Mr. Alonglia.

I accept the presumption which Mr. Nori says is raised by the letter. Mr. Alongolia should and would have had notice in term of the letter by the Registrar of High Court explaining why the CLAC judgment was valid and why any subsequent notice of appeal was not since it was well out of time.

Mr. Nori read part of the respondent’s affidavit Mr. Sasau at para 5 of that affidavit of the 16 November 2006 questions the judgment of the CLAC. Time has passed. The Registrar of High Court’s letter of the 10 November 1978 says it all.

It is not open to the parties in those original proceedings to challenge the decision of the CLAC given on the 15 July 1977 in proceedings in 2006.

Consequently I am satisfied that the CLAC decision is inviolate and can no longer be challenged by those interested parties. It follows that the purported assumption of right to rehear by the Aimela House of Chiefs has no basis in law. Once CLAC decision is handed down, in terms of S. 256 of the Land and Titles Act it shall be final and conclusive and shall not be questioned in any proceedings whatsoever.

Clearly it is appropriate to make that declaration sought and say that the decision of the Aimela House of Chiefs regarding Arabala or Aigaria land dated 3 March 2005 is void and of no effect. Since appropriate I also to effectuate my declaration call up and quash that decision of the House of Chiefs.

I order the respondents to pay the applicants costs.

I should say that I am satisfied that the respondents have had notice of this hearing.

THE COURT