Meloli v Attorney General [2008] SBHC 9; HCSI-CC 247 of 2007 (13 February 2008)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 247 of 2007

BETWEEN:

CAROLINE MELOLI
(Plaintiff)

AND:

MARK POMANE
1st Defendant

AND:

THE ATTORNEY GENERAL
(Representing the Registrar of Titles)
2nd Defendant

Date of Hearing: 29 October 2007
Date of Decision: 13 February 2008

Mr Toito’ona for the Plaintiff
Mr Puhimana for 1st Defendant

DECISION ON APPLICATION
TO STRIKE OUT

Cameron PJ

1	The Plaintiff’s claim is that his tribe’s customary land was improperly acquired by the Commissioner of Lands in 1972. He now sues the owners of the registered perpetual estate in that land, who have been so registered since 1973. He seeks an order that the ownership of the land should revert to the customary chiefs of his tribe.
2	The first defendant seeks an order striking out the statement of claim on the grounds, among others, that it does not disclose a reasonable cause of action.
3	No reasonable cause of action is disclosed by the statement of claim. To contest the registration of the land in favour of the first defendant (who is a trustee of the lands), there would need to have been fraud or mistake (section 229 of the Land and Titles Act), and with full particulars provided.
4	The statement of claim merely asserts improper acquisition and falls well short of disclosing any reasonable cause of action.
5	I make an order striking out the statement of claim. There will be no order as to costs, because in my view such an order would be futile.

THE COURT