Chachabule v Rarava [2007] SBHC 68; HCSI-CC 146 of 2006 (28 June 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 146 of 2006

SIMON CHACHABULE
(Representing the Lio Tribe)

-v-

SETH RARAVA AND OTHERS
(Representing the Marovo Council of Chiefs)
and OSUPITU TINGOLO

Date of Hearing: 28 June 2007
Date of Ruling: 28 June 2007

P. Tegavota for the Plaintiffs
Public Solicitor for the 2nd Respondent
1st Respondent by John Oti abides decision of the Court

RULING on application to quash a Council of Chief’s decision where Chief’s accept mistake of fact made.

Brown, J: I refuse the application for adjournment where fresh counsel for the 2nd respondent seeks further time to read into the case and take instructions.

On a reading of the 1st respondents’ agents’ affidavit by J Oti, the Secretary of the Marovo Council of Chiefs, it is plain that the Chiefs support the applicant’s claim for relief. The Secretary clearly concedes that the chiefs were in fact misleading in reaching their decision which the applicant seeks to quash. It would be pointless to delay proceeding by a further adjournment.

I am satisfied on balance that the Chief’s decision was given in circumstances where the basis of the decision was unsustainable. It is plain from the applicant’s evidence that the Chief’s were led into error.

I make order in terms of the application, call-up and quash the decision of the Council of Chiefs given on the 28 September 2005.

The 2nd respondent shall pay the applicants costs.

THE COURT