Oile v Attorney General [2012] SBHC 154; HCSI-CC 372 of 2012 (12 December 2012)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 372 of 2012

BETWEEN:

CHIEF JOSEPH OILE
(Representing himself and his Vaulu tribe of Vella La Vella)
First Claimant

AND:

GRACE LOGGING LIMITED
Second Claimant

AND:

ATTORNEY GENERAL
(Representing the Commissioner of Forests)
First Defendant

AND :

ATTORNEY GENERAL
(Representing the Western Provincial Government)
Second Defendant

AND :

KAVANA CORPORATION
Third Defendant

DATE OF RULING : 12 December 2012

Mr. Rose for the Claimants
Mr. Banuve for the First and Second Defendant

RULING

Mwanesalua J: This is an application for: (1) interim injunction to restrain the Third Defendant, its logging contractor, employees, invitees and servants from entering Vaululu and Naiqao/Kaneporo Customary Lands for the purpose of carrying out logging; (2) An order that all export proceeds of logs felled and extracted from Vaululu and Kaneporo Customary Lands to be paid into a joint Trust Account to be opened by the Solicitors of the Claimants and the Third Defendant; (3) costs in the cause and (4) such further or other orders as to this Honourable court shall seem meet.

The brief facts of this application are these: The owners of Naiqao Kaneporo and Vaululu Customary Lands (the customary lands) invited the Second Claimant to conduct logging on their lands on 15 October 2011. On 28 November 2011, the Commissioner of Forests approved Form 1 application. It was forwarded to the Western Provincial Executive to conduct a timber rights hearing in respect of the customary lands. The Western Provincial Executive conducted the timber rights hearing on 14 February 2012. The determination of the Western Provincial Executive was appealed to the Western Customary Land Appeal Court. There was a consent judgment entered by the Western Customary Land Appeal Court which was later varied. The Third Defendant was incorporated on 7 July 2012. On unknown date in 2012, the Third Defendant purportedly signed a logging agreement in respect of Vaululu Customary Land not signed by the Landowners and done without a timber rights hearing. There was a clear breach to Forest Act.

The Claimants have filed a case before the court for judicial review.

The court has read materials filed on behalf of the Claimants and is satisfied that it can grant the orders sought in this application. They are accordingly granted. Order accordingly.

THE COURT