Peoko v Bako [2013] SBHC 163; HCSI-CC 119 of 2012 (19 June 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 119 of 2012

BETWEEN:

Edmond Hillary Peoko and Ivan Rotu Bele
Claimants
(Representing the Sinagi Laena Tribe of
Barora Fa Pizuana Land, Kia, Isabel Province)

AND:

Lucy Bako, Daglas Rove, Selwyn Dika, Bolton
Hebala, Serah Nule, Frank Habotu, David
Tengo, Paul Tanavalu, Juda Sakiri, George
Hagela Kolae, Derol Daniel Pitakaka, Donald
Noni, Nelson Bako, Hopkins Zea, Susan
Salahia and Timson Ray
Defendants

Date of Ruling : 19 June 2013

Ms Togarutu for the Applicants
Mr. Hou for the Respondents

RULING

1. This is an application filed on 23 May 2012 by the Defendants for the following reliefs: (1) (a) The claim is frivolous and vexatious; (b) or no reasonable cause of action is disclosed; (c) the prosecution of the claim will amount to an abuse of the process of the court; (d) the claim cannot be prosecuted under a category A; (2) any other orders of the court deems fit to make and order as to costs.
   
2. The claim was filed on 24 April 2013. The Claimants seek: (1) A declaration that the Defendants are not the rightful persons under the Forest Timber Utilization Act (cap.40) ("the Act") to grant timber rights over Barora - Fa Pizuana Land and pursuant to the Isabel Council of Chiefs' determination of 1986; (2) A declaration that the Defendants are barred from taking any action in relation to the ownership of Barora - Fa Pizuana Land and the Defendants have no standing by virtue of the Isabel Customary Land Appeal Court determination dated 1999; (3) An injunction restraining the Defendants from further misrepresenting the Barora - Fa Pizuana landowners to any prospective investor and or company for any such development including obtaining timber rights hearing; (4) costs and (5) such further orders as the court deems fit.
   
3. The Claimants are the trustees, custodians and representatives in custom of the owners of Barora - Fa Pizuana Lands at Kia on Isabel Province. The Defendants are individuals who wish to give timber rights on these lands.
   
4. The Defendants except Timson Roy have invited a company to conduct logging on Barora - Fa Pizuana Customary Lands at Kia. The land had been subdivided by the relevant Sinali Laena Chiefs to individual groups, families and clans which are to be identified.
   
5. The Claimants were concerned because not all the Defendants whose names were in the Form 1 in the timber right acquisition process, own customary lands referred to on paragraph 4 above. How the Defendants are to be served with the claim is left to the Claimants and their Solicitor to determine.
   
6. This court will refuse Defendants' application and the reliefs sought therein. The Defendants are ordered to pay the Claimants' costs of the application. Order accordingly.
   

THE COURT