Sori v Saeni [2013] SBHC 18; HCSI-CC 430 of 2007 (12 March 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 430 of 2007

BETWEEN:

JOHN SORI [On behalf of Salofou Tribe]
Applicant

AND:

FALASI SAENI AND THOMPSON TAGINI
Respondents

Date of Ruling : 12 March 2013

N. Laurere for the Applicant
No Appearance by the Respondents

RULING

(1) This is an application by the Applicant, for reinstatement of his proceeding on behalf of his Salofou Tribe being struck out by the Registrar of the High Court on 21 July 2011 for want of prosecution.

(2) The proceeding being struck out was filed on 16 November 2007. In that proceeding the Applicant sought orders that: 1. A declaration that the Respondents are bound by the decision of the Malaita Local Court Case No. 1 of 1976; 2. A declaration that the claim by Aena'Asi in the Malaita Local Court Land Case No. 1984 for the Ownership of block of land called Daolana within Salofou Land is res judicata; 3. An order that the Respondent have no lawful ground to remain and occupy Daolana Land or any part of Salofou Land; 4. An order that the Respondents pay the cost occasioned by the application; and 5. Such other orders as the court deems just and equitable in the circumstances.

(3) The Claim was filed on 16 November 2007. A sworn statement by the Claimant in support of the claim was filed on the same date. A number of exhibits were also filed with that sworn statement. One of those exhibits was a decision of the Malaita Local Court No. 1 of 1976 on Salofou Customary Land between Timothy Tagini and Samani. No appeal was made against that decision. The court found Samani liable. The decision of the court states: "Timothy Tagini of Adagege to own the whole land of Salofou, from Kafo Aringe (Lilifia) east of Aefemelu, Beuabua, Ngalito, Asonga (bush) south to Goronaoa – west. Ngalinut groups and other things owned by them before and the lower part to the sea break-north, from Alata Lebea to south, Rade harbour mouth". This decision was dated 26 October 1976. The Claimant is related to Timothy Tagini from the paternal side, that is to say, the Claimant's uncle.

(4) Irokisi and Aena'Asi were in dispute over a piece of land called Daolani in 1983 before the Malaita Customary Land Appeal Court. Daolani land is situated within Salofou Customary Land. Aena'Asi won in that court. Irokisi appealed to the High Court which set aside the decision of the Malaita Customary Land Court and referred the case back to the Malaita Customary Land Appeal Court for re-hearing. No re-hearing was ever convened to date. It is to be noted that the Claimant was not a party to that case.

(5) On 13 October 2009 the Court adjourned the claim generally until further orders. It referred issues of custom to be determined by the Chiefs in the locality of land. No determination was made on issues from 13 October 2009 to 21 July 2011, when the claim was struck out under Rule 19.1 (J) as read with Rule 9.72 (d) of the Solomon Islands Courts (Civil Procedure) Rules 2007.

(6) I have perused sworn statements filed by the Applicant since his claim was filed. There is evidence to support of his claim. This court will therefore exercise its discretion to grant his application and make the orders:

1. Order that Civil Claim 430 of 2007 is reinstated from the date of this order.
   
2. Costs to be in the cause.
   

THE COURT