Kera v Kitu [2013] SBHC 215; HCSI-CC 478 of 2013 (24 December 2013)

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

Civil Case 478 of 2013

BETWEEN:

TERRY KERA AND FRANK DIA REPRESENTING THE MAEPU LANDOWNERS OF SAIKILE, ROVIANA LAGOON
1st Claimants

AND:

KALENA TIMBER COMPANY LIMITED
2nd Claimants

AND:

ELITE ENTERPRISES (SI) LIMITED
3rd Claimants

AND:

CHIEF RONALD KITU – CHIEF OF SAIKILE
1st Defendant

AND:

NEPIA OKA

2nd Defendant

AND:

ZAKARIAH NIKAVAKA
3rd Defendant

AND:

ANGISIN TALAMAHORO

4th Defendant

Date of hearing: 24th December 2013
Date of Judgment: 24th December 2013

Tegavota P for the Applicant
No appearance by the Respondents

RULING

An ex parte application by the claimants for interim orders to restrain the First, Second, Third and Forth Defendants from disturbing the logging operation by the First, Second and Third Claimants within Maepu Customary Land, Roviana Lagoon.

The claimants are seeking the following interim orders:-

1. That the First, Second, Third and Forth Defendants personally, their servants, agents, members of their families or tribes and supporters from Kalikogu community starting from Babanga Island to Vogi village of Roviana are restrained forthwith upon service of these orders on them not to carry out any and or all of the following acts relating to the logging operation of the First, Second and Third Claimant within Maepu Customary Land and in particular:
   
   • (a) Not to enter Dudule Camp site for the purpose of:
     
     • (i) Stopping or preventing third claimants from using the said logs pond for its camp sites,
       
     • (ii) stopping the third claimants and its employees from carrying out any logging activities,
       
     • (iii) ordering the third claimant and its employees to vacate the concession area
       
     • (iv) threatening the third claimants and its employees by any means whatsoever for them to leave or vacate the concession area;
       
     • (v) the carrying out of any acts whatsoever against the third claimant and its employees with the intending of stopping, preventing or interfering with the logging operation within Maepu Land.
       
   • (b) Not to enter the operation area of Maepu land for the purpose

of:

(i) Preventing and construction of logging and other access roads within Maepu land,

(ii) Preventing the felling and extraction of logs within the said Maepu land,

(iii) threatening the third claimants and its employees by any means whatsoever while carrying out their work within the concession area,

(iv) Causing any damage to the third claimants logging machineries and equipments while within the concession area,

(v) Prevent shipment of and logs felled and extracted from Maepu land concession area; and

(vi) The carrying out of any acts whatsoever intended to interfere with the third claimants' logging operation within the said Maepu land.

2. The First, Second, Third and Forth Defendants personally, their servants, agents, members of their families or tribes and supporters who are currently staying at Duduli log pond or within or the concession for the purposes of interfering with the logging operation on Maepu land shall forthwith vacate the concession area.
   
3. The First, Second, Third and Forth Defendants shall pay the cost of this application.
   

Counsel Tegavota filed the application at Christmas Eve and he relied on the sworn statements from one of the claimants Mr Frank Dia and third claimant filed in court on 24th December 2013. Claimant Frank Dia is a member of the Soloso tribe and Maepu land is jointly owned by his Soloso tribe and Saikile tribe. He is one of persons from his tribe entitled to grant timber rights on Maepu land.

Maepu land had gone through timber right process and logging license was issued to the third claimants under the Forest Resources and Timber Utilisation Act. The First and Second Defendants were entitled to grant timber rights and both also signed Form 3 under the Act and they were party to the granting of the timber right to the third claimant.

The First, Second, Third and Forth Defendants and their people went to log pond and tried to stop the logging operation by the third claimant on the land.

Upon hearing the application, reading the sworn statements and documents, I am satisfied with the application and grant the orders sought.

Accordingly, grant orders 1(a) and (b), 2, 3 and further:

• That the claimant may request the members of the Royal Solomon Islands Police Force to assist in carrying out the terms of the orders and
  
• A penal notice be attached to orders made herein.
  

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