Aquilah v Jessina Timber Company [2013] SBHC 85; HCSI-CC 490 of 2011 (17 July 2013)

IN THE HIGH COUR TOF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 490 of 2011

BETWEEN:

RAYNICK AQUILAH
(Representing Uka Tribe of Vagunu)
Claimant

AND:

JESSINA TIMBER COMPANY
First Defendant

AND:

UNION INTERNATIONAL ENTERPRISE LTD
Second Defendant

Date of Sentence: 17 July 2013

Mr. Rano for the Claimant
Mr. Watts for the Respondent

SENTENCE

Court orders are the directions of the court in proceedings. They are made by the court in proceedings for parties to follow and obey. Their breach is serious because it could result in the payment of fines and imprisonment.

The proprietors of the First Respondent are Ricky Namusa, Nathan Natisi, Pena Kirutu, Rodence Reggie and Rajakana Reggie. The court has found them and their company guilty of contempt on 13 February 2013. I have regard to the fact they have paid a deposited $40,000.00 in part compliance with the court order. In the circumstances they are ordered to pay a total fine of $1,000.00 within 28 days, in default one week imprisonment.

The Directors of the Second Respondent Annie Lau, Mee Sieu and Henry Lau Sieu Teck and their company were found guilty of contempt on 13 February 2013. These three directors completely ignored the court orders. They are ordered to pay a fine of $4,000.00 each within 28 days, in default one week imprisonment.

THE COURT