Kalena Timber Company Limited v Kidoe [2007] SBHC 86; HCSI-CC 18 of 2005 (24 August 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 18 of 2005

KALENA TIMBER COMPANY LIMITED
DONALD ODIKANA LEZUTINI
(Representing himself and majority of his tribe)

v

EDDIE MAENA KIDOE,
MARVIN LEZUTUNI AND GWEN ABANA
(Trading or Holding themselves out as Reresare (Veala) Development, or
Veala Reresare Development Association or
Reresare (Veala) Development Company)
COMMISSIONER OF FORESTS,
RERESARE DEVELOPMENT COMPANY LTD
AND JACK LAGOBE, DALCY TOZAKA,
TEDDY PAVO, EDDIE KIRIA, ALLAN GILAI AND MAKIVA OKAVAI

Date of Hearing: 24 August 2007
Date of Ruling: 24 August 2007

Mr. B. Etomea for 1st & 2nd Plaintiffs
Mr. J. Sullivan QC for 3rd & 4th Defendants
No appearance of Attorney-General
No appearance of Ms.Tongarutu

RULING on Summons by the Applicants to Vary the Orders perfected on 2 August 2007

Brown, J: The summons filed by Mrs. Tongarutu was listed for today. There is clearly a doubt in my mind whether it was been returned for service by the Registry to Ms. Tongarutu. Before I deal with the summons it is appropriate that a fresh date be given the summons.

Ms. Tongarutu is not at court. Enquiries by my secretary have failed to either reach her by phone at her office or at the Mendana Hotel where there appears to be a Conference where she may be expected to be in attendance.

In all the circumstances, the summons is stood over with liberty to approach the Registrar for a fresh date.

I make no further comment on the nature of the summons nor on the matters deposed in the affidavit in support for Ms. Tongarutu is entitled to be heard.

THE COURT