Maelasi v Wanisimawetana [2013] SBHC 17; HCSI-CC 495 of 2011 (11 March 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 495 of 2011

BETWEEN:

JOHN MAELASI
(Representing Trustees of Nagogonarafa customary land and members of his family)
Applicants

AND:

CHARLES WANISIMAWETANA
(Representing the members of the family line of Geoffrey Nimanima, his family and clan)
First Defendant

AND:

MRS MAY RASINI
(Representing members of her family, relatives and clan)
Second Defendant

AND:

ALBAN TAOQOROA
(Representing Members of line of Simon Peter Reresimae, family and clan)
Third Defendant

Date of Ruling: 11 March 2013

M Ipo for the Applicant
No appearance by the Respondents

RULING

[1] This is an application by the Applicant for interim restraining orders against the Defendants.

[2] The Applicant filed claim against the Defendants on 15 December 2011. This application was also filed on the same date seeking interim restraining orders against the Defendants.

[3] The Applicant has filed sworn statement in support of the claim and this application. But the Defendants have yet to file either response or defence to the claim. Whilst the Claimant files submission in support of this application the Defendants have not done so.

[4] This court accordingly grant the following interim restraining orders:

1. An interim injunction restraining the First, Second and Third Defendants, members of their families, clans, servants, agents, licensees, invitees, assignees or anyone else under their authority or purported authority from entering Naqoqomarafa Customary Land for any purposes including feeling, removing or milling of any trees until the substantive case is dealt with or further order of the court;
   
2. An interim injunction restraining the First, Second and Third Defendants, members of their families, clans, their servants, agents, invitees, licensees, assignees or anyone else under their authority or purported authority from interfering in any manner with the use of the said land and resources thereof for any purposes by the Claimants, his family members, agents, servants, invitees, licensees, assignees or anyone else under his authority or purported authority until the substantive case is dealt with or further order of the court;
   
3. An interim injunction restraining the First, Second and Third Defendants, their family members, servants, invitees, assignees or anyone else under their authority or purported authority from threatening or using violence in any form against the Claimants and his family members in respect of the use of the said land and resources thereof for any purposes until the substantive case is dealt with or further order of the court;
   
4. An order that the First, Second and Third Defendants to disclose by way of sworn statement the actual number of trees felled, removed or milled within the land in question and monies received from sale of the same;
   
5. A penal notice be attached to orders made herein and
   
6. Costs in the cause.
   

THE COURT