SOL Pacific Timbers v Tahu [2013] SBHC 214; HCSI-CC 476 of 2013 (20 December 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 476 of 2013

BETWEEN:

SOL-PACIFIC TIMBERS
Applicants/Claimants

AND:

ATABAN TAHU
SILAS MILIKADA
ATTORNEY GENERAL
Respondents/Defendants

Date of Hearing: 19th November 2013
Date of Judgment: 20th December 2013

Wilson Rano: for the Applicants/Claimants

RULING

Introduction

An Ex parte application by Sol-Pacific Timber seeking an order to stay the execution of the interim order made on 30th October 2013 and as varied on 1st November 2013 in Civil Claim No. 1 of 2013. The application is supported by sworn statement of Philip Szetu.

The applicant is seeking the following interim orders:-

1. That time be abridge on basis on urgency.
   
2. That the matter be heard together with Civil Claim No. 1 of 2012.
   
3. An order to stay the execution of the interim order made on 30th October 2013 and as varied on 1st November 2013 pending inter parte hearing in Civil Claim No. 1 of 2012.
   
4. An order restraining the Solomon Islands Police to enforce the interim order 1st November 2013 without the lawful direction of the Sheriff of the High Court or order of the court.
   
5. An order that the First and Second Respondents return forthwith timbers obtained from the claimants timber yard on 17th December 2013.
   
6. That the claimant be entitled to export the timbers and proceeds thereof minus expenses incurred connected to the shipping and safe of the timber be restrained and paid into the court; and
   
7. Cost on indemnity basis.
   

Background

At the introduction of the claimant's application, counsel made reference to the front page of Solomon Star no 5564 of 18th December 2013 and tendered a copy to the court. This application relates to this incident in the Star and it is an urgent matter and tense among the people who are involved in this matter.

Before the Counsel proceed with his application he briefly outlines the background or facts leading up to this application and he had involved with the cases relates to this dispute and cases. There were two cases before the High Court HC/Cc: no. 1 of 2012 and HC/Cc: no. 12 of 2012. The cases duplicate each other and now consolidated to one.

By order of 30th October 2013, the declaratory orders sought in the Amended Claim by claimant in HC/Cc: no. 1 of 2012 in A, B and Part of C were struck out by the court. And the pending issues are conversion and summary judgment and to be listed or pending inter parte hearing.

An issue of the ownership of the land which the activities of timbers and disputed relates to has gone before the chiefs and currently pending at New Georgia Local Court.

With relates to the case there was a consent order of 20th October 2012 executed by the parties and relates to many things. It required the Choe Integrated Development Company Limited and Lima Limited to stop the operation. All timbers to be sold and paid into a joint account of the lawyers of the parties. Since that time no operation is carried out until todate. There was no operation as the matter is before the High Court and partly heard by Judge Mwanesalua.

Counsel Rano submits that in respect to Chachabule Amoi, it is not directly to him or there is no claim in the pleading against his client Chachabule Amoi. This is at Para 3 in Amoi's statement filed on 19th November 2013. Before that he bought timbers from Rima Limited. Since 30th October 2013, no orders have been served on his client Amoi, Hiva and Choe Integrated Development Company Limited.

Current case

The application before to courts is to vary the court order of 22nd November 2013.

Mr. Philip Szetu in the sworn statement that he manages the Sol-Pacific Timbers, business on timber owned by Fair Trade Company Limited. The Sol-Pacific made arrangement and buys timbers from the land owners. It did not operate on the land.

I have viewed the interim orders of 30th October 2013 and 22nd November 2013 and it is clear that the respective orders did not restrain Sol-Pacific Timbers purchase nor for the land owners to sell timbers.

Upon hearing the application, reading the sworn statements and document, I am satisfied with the application to stay the interim orders of 22nd November 2013 and grant the orders sought.

Accordingly, the order is granted as follows:

1. That the application in civil case no. 476 of 2013 be heard together with Civil Claim No. 1 of 2012.
   
2. That the execution of ex parte order dated 30th October 2013 as varied on 22nd November 2013 is hereby stayed pending inter partes hearing.
   
3. That the Royal Solomon Islands Police is restrained from executing and or enforcing the order 30th October as varied on 22nd November 2013 without the lawful directive of the Sheriff of the High Court or order of the court.
   
4. That the First and Second Respondents in Civil Claim no 476 of 2013 and second claimant in civil case no. 1 of 2012 shall return forthwith timbers taken from Sol-Pacific Timber Yard.
   
5. That order 2 of ex parte order of 22nd November 2013 is hereby varied and the claimant hereby entitled to sell the timbers and proceeds thereof minus expenses incurred for buying, selling and shipping the timbers, be restrained and paid into the solicitors' joint trust accounts.
   
6. That the first and second defendants in Civil Case no. 476 0f 2013 shall pay the cost of the claimant on indemnity basis.
   

.................................................................
Justice Leonard R Maina
Judge