Wate v Paunto [2011] SBHC 131; HCSI-CC 413 of 2011 (31 October 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 413 of 2011

BETWEEN:

CHRIS WATE
First Applicant

AND:

SOUTHERN FOREST INDUSTRY
Second Applicant

AND:

SALE PAUNTO AND ANSA WATE
First Respondents

AND:

JEFFERY ISIOLA, ANDERSON NIHERO,
THOMAS MANEHANITA'AI, KEMUEL
KOPAINA, BEN HOROI AND TITUS AKOSAWA
Second Respondents

Date of Hearing: 18 October 2011
Date of Ruling: 31 October 2011

Mr. Francis Waleanisia for Applicants
Mr. D. Marahare for Respondents

RULING

Mwanesalua J:

1. This is an ex parte application filed on 18 October 2011 for interim injunction and freezing Order by the First and Second Applicants. Detailed facts of this case are set out in the statement of this case.
   
2. The First Applicant represents the Arapuamora tribe, the customary owners of the Arapuamora land, the land dispute, ("the land"), situated on the Southern end of Malaita Province.
   
3. The Second Applicant is a registered business which applied for a licence to carry out logging on customary lands inclusive of the land.
   
4. The First Respondents are settlers from other parts of Malaita Province who do not have any blood ties to the customary owners of the land.
   
5. The Second Respondents are members of different tribes who represented the objectors to the Applicant's application for a logging license.
   
6. The Applicant applied for a logging licence under the name of the Second Applicant to log on customary lands including the land. Persons who are known as John Sanau, Cyriano, Ben Horoi and Chris Wate were determined as the persons lawful and able to grant timber rights.
   
7. At about 14 July 2011, the Second Respondents by letter appealed the determination under section 10 of the Forest Timber Utilization Act [Cap. 40). The appeal was co-singed by persons known as, Jeffrey Wate, Ben Horoi, Gorden Wahuru and Titus, also known as Titus Akoasi were the Appellants. The last three persons denied signing the document. There is no funding for the appeal to be heard.
   
8. The Claimant also requested the Huto Huto Chiefs to decide the issue of customary ownership of the land between the First Applicant tribe and the Second Respondents. The matter is schedule for hearing on 17-19 November 2011 at 9am.
   
9. On early September 2011, the First Respondents entered the land on the instruction of the Second Respondent and commenced cutting trees of economic value and milling the same. More than four trees had been felled and logging activities still continue. The Second Defendants were asked to stop, but they refused to listen. In the circumstance, I consider that the orders sought should be granted to maintain the status-co, while the parties await hearing as to the customary ownership of the land.
   

Order 1: Orders sought granted.

2. Costs in the cause.

Order accordingly.

THE COURT