Tarihao v Akoi [2011] SBHC 136; HCSI-CC 58 of 2011 (14 November 2011)

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

1. This is an application by First and Second Claimant/Applicant to strike out the pleadings of the Defendants/Respondents for non-compliance with Rule 23.4 (a) of the Civil Rules.[1] Rule 23.4 (a) states:
   

"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.

2. The Applicants based their application on Rule 23.4 (a) of the Rules.
   
3. This application was heard on 17 October 2011. On that day the Lawyer who had carriage of the First and the Second Defendants' case was sick. There was no Sick Leave Certificate before the court.
   
4. The 1st and 2nd Defendant did not comply with interim orders of the court perfected on 3 March 2011. Despite verbal and written reminders, and further directions order which lapsed on 18 August 2011, these two Defendants continued ignore the orders referred to above.
   
5. There appear to be other logs being exported which were extracted from the customary lands in this case have not been processed through the Central Bank of Solomon Islands. The log shipments were seen from documents obtained by the Claimant from the office of the Commissioner of Forests.
   
6. In the circumstances, I allow the application and grant the orders sought therein. Those orders are include:
   

(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

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^[1] Solomon Islands Courts (Civil Procedure) Rule 2007.