Siria v Tarika [2012] SBHC 75; HCSI-CC 109 of 2012 (18 July 2012)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 109 OF 2012

BETWEEN:

STEPHEN SIRIA, HENRY VOVOKE, SAMUEL
VIRIALA AND JOHN PALMER KOULA
(Representing Kakau Rusua and Hongokiki
Vulanagela Clan)
Respondent/Claimant

AND:

ISHMAEL TARIKA, ROBERT MATESI,
OHN BOBO, MOSTYN KOTOSI, PAUL HAVU,
CHARLES MEE, PETER HAVU AND JOHN
MARA JUNIOR
(Representing Vakunakolo and Kairina Clan)
Applicant/First Defendant

AND:

TROPICAL RESOURCES DEVELOPMENT
COMPANY LTD
Applicant/Second Defendant

AND:

TRILLION TREE COMPANY LIMITED
Applicant/Third Defendant

AND:

PREMIER OF CENTRAL PROVINCE
(Representing Central Islands Provincial
Executive)
Applicant/Fourth Defendant

AND:

ATTORNEY-GENERAL
(Representing Commissioner of Forest)
Fifth Defendant

Date of Hearing: 5 July 2012
Date of Ruling: 18 July 2012

Mr Iroga for Claimant
Mrs Tongarutu for First, Second and Third Defendants

RULING

MWANESALUA J:

[1] This is an application filed on 19 June 2012 by the First, Second and Third Defendants to set aside the Interim Order of this Court perfected on 13 June 2012, in particular Order 1 and 2 which are as follows:

1. An order for Interim Injunction restraining the First, Second and Third Defendants/Respondents, by themselves, and/or their servants, agents, and others from entering Lokiho, Sogelea, Laugabu, Tuke, Boku, Vunagati, Tasipiu, Vatukema, Halina and Vatina Customary Lands ("the Lands") on Big Gella, Central Islands Province for purposes of carrying out logging operations and/or any related activities thereon until further orders.
   
2. An order that the first, second and Third Defendants/Respondents fully account for all logs extracted from the Lands and sold.
   

[2] The case for the Defendants is that there was no chief's hearing on 30 May 2012 resulting in an unaccepted settlement. The Claimants' case on the contrary is that there was a chief's hearing which resulted on an unaccepted settlement.

[3] Desmond Mae deposed that he was present at Gairavu village on Ngella on 30 May 2012. He was the Secretary to the Leitongo House of Chiefs on that day when chiefs heard a land dispute case between the Claimants and Defendants. He said that the Claimants had made their oral closing submissions when the Defendant walked away even though the Defendants were given the opportunity to do so. He said even though he was the Secretary to the Leitongo chiefs, it was Clement Kili, one of the presiding chiefs who wrote the Chief's decision. This was corroborated by Chief Frances Durai and Jeremiah Mea.

[4] The judgment of the Leitongo House of Chiefs, named by four chiefs, namely Francis Durai Desmond Mea, Clement Kili and Gabriel Sasagu as the presiding chief. The decision of these four chiefs is that Hogokiki Vulanagela clan or the Claimants through their ancestors Koikiki Vinahogo and Inuvibeti Vinakugo of Hogokiki Vulanagela clan as the true primary owners of the Lands.

[5] Chief Gabriel Sagau of Leitongo Village was at Gairavu Village on 30 May 2012. His evidence is that there was no hearing of any Land dispute at that village that day. What occurred on that day was the dispute regarding the lands referred to in paragraph 1 above was adjourned for hearing on a date after 11 June 2012. Francis Durai, Vice President of the Leitongo House of Chiefs announced the adjournment.

[6] Chief Gabriel Sagau went on to explain that, what occurred at Gairavu Village on 30 May 2012 was a joint consultation meeting between the Leitongo House of Chiefs and the Boli Panel of Chiefs which resolved that the hearing of the Claimants' complaint and the Defendants' complaint to be adjourned to a date after 11 June 2012.

[7] Staff Sergeant John Sara and Detective Sergeant Robert Maehanua were at Gairavu Village on 30 May 2012. They were there specifically to provide security during the hearing of the lands that day. They were sent there by the Police Commander of Tulagi Police Station. Their evidence is that the Leitongo House of Chiefs did not hear any dispute about the lands at Gairavu Village on 30 May 2012 as portrayed in Form LC3.

[8] I have considered the Sworn Statements filed on this application and the evidence I have referred herein. My view is that there was no hearing and decisions made on the Lands between the Claimant and the Defendant at Gairavu Village on 30 May 2012. This application is accordingly allowed with the orders sought therein.

Order:

(1). Application allowed.

(2). Orders sought therein granted.

THE COURT