Kere v Community Leaders of Group A, Members of Christian Fellowship Church of Madou and Buni Villages [2013] SBHC 73; HCSI-CC 417 of 2012 (28 June 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 417 of 2012

BETWEEN:

JOHN KERE AND OTHERS
First Claimants

AND:

EDISON PIOSASA AND OTHERS
Second Claimants

AND:

COMMUNITY LEADERS OF GROUP A
MEMBERS OF CHRISTIAN FELLOWSHIP
CHURCH OF MADOU AND BUNI VILLAGES
First Defendants

AND:

RODY MAEBULE AND OTHERS
Second Defendants

Date of Hearing : 15 May 2013
Date of Decision : 28 June 2013

Mr. Kaboke for the Claimant
Ms. Tongarutu for the Defendants

DECISION

This is an inter parte hearings on interim restraining order of the court imposed on the First and Second Defendant, their servant, tribal and community members of the Group A C.F.C church members dated and signed by the court on 5 December 2011.

Subsequent to that order, a claim was filed by the Claimants against the Defendants and served on the Defendants on 13 January 2013 and 21 January 2013. To date no defence and counter claim are filed by the Defendants as intended to be done upon their response of 21 January 2013. The Claimants sought continuation of the interim orders and were not opposed by the Defendants. There are clearly tribal issues raised by the claim. The court is of the view that serious threats to life and property, and irreparable harm and damage will be caused that monetary damage will be inadequate to remedy the situation if the said order is discharged. On the balance of convenience, the said order should remain in force until trial or further order of the court. Order accordingly.

THE COURT