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High Court of Solomon Islands |
HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)
Civil Case No. 58 of 2011
BETWEEN:
FRANCIS TARIHAO AND VINCENT NAKUMORA
(Representing themselves and other members of The Aiaraha Tribe who are opposing logging in Aiaraha Customary Land) of Waimarau
village, West Are'Are, Malaita Province)
Claimant
AND:
SYLVESTER AKOI
(Representing himself and others trading as Rarahu Land Holding Group of Harumou village, West Are'Are, Malaita Province)
First Defendant
AND:
SAMLIMSAN (SI) LTD
Second Defendant
AND:
ATTORNEY GENERAL
(Representing the Commissioner of Forests)
Third Defendant
Date of Hearing: 17 October 2011
Date of Ruling: 14 November 2011
D.Marahare for Applicants
M.Pitakaka for First and Second Defendants
RULING
"23.4 In cases of deliberate or sustained failure the court may make any one or more of the following orders including an order that is self-executing in the event of non-compliance with a specified time: (a) strike out the pleadings of the none complying party; (b) extend time for complying with the order; (c) give directions; (d) make another order.
(1) Value of all logs not processed through Central Bank of Solomon Islands for export.
(2) All logs exported covered by the interim order perfected on 3 August 2011.
(3) The value of logs affected by the interim orders of the court minus export duty to be paid into a joint bank account in the names of solicitors of the parties until further order or orders of the court.
(4) First and Second Defendant to pay the Claimant's costs of this application.
Order accordingly.
THE COURT
[1] Solomon Islands Courts (Civil Procedure) Rule 2007.
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URL: http://www.paclii.org/sb/cases/SBHC/2011/136.html