Hane'e v Attorney General [2013] SBHC 94; HCSI-CC 13 of 2012 (23 July 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 13 of 2012

BETWEEN :

CASPER HANE'E, ROBERT WILSON AIORO,
ROBERT MADEO, DAVID SURI'I AND JAMES
OSIRAMO
(For and on behalf of the Toloabu, Rofa Tribe of
West Kwara'ae, Malaita Province)
Claimants

AND:

ATTORNEY GENERAL
(Representing the Registrar of Titles and
Commissioner of Lands)
First Defendants

AND:

ATONIA, MARTIN BOLOI, MARCUS
MAOMABALI AND ROBINSON KOFANA
(All of whom are deceased)(As registered joint
Owners of the Perpetual Estate in Parcel No. 151-
005-1 being the Gwaunaru'u Airstrip near Auki
in Malaita Province)-
Second Defendants

DATE OF RULING: 23 July 2013

Mr. Marahare for Claimants
Mr. Firigeni for First Defendants
Mr. Rose for Second Defendants

RULING

1. This is an application filed by the Second Defendants for: (1) An order to dismiss this proceeding pursuant to rule 9.75 of the Solomon Islands Courts (Civil Procedure) Rules 2007 on the basis that the Claim discloses no cause of action, is frivolous and vexatious and or is an abuse of the court process.
   
2. By their Amended claim filed on 17 February 2012, the Claimants seek: (1) An order for rectification of the register in respect of the Perpetual Estate in Parcel No. 151-005-1 being the Gwaunaru'u airstrip near Auki on Malaita, Malaita Province, in favour of the Claimants; (2) Consequential upon order (1) hereof the Claimants namely Casper Hane'e, Robert Wilson Aioro, Robert Madeo, David Suri'i and James Osiramo are registered as joint owners of the Perpetual Estate in Parcel 151-005-1 in place of the Second Defendants (all of whom are now deceased) and/or any of their personal representatives; (3) Permanent injunction restraining the personal representatives of the Second Defendants by themselves, their relatives, friends and invitees from making any claims and or demands or otherwise, for any purpose whatsoever, in respect of and over the Perpetual Estate in Parcel No. 151-005-1 being the Gwaunaru'u airstrip near Auki on Malaita, Malaita Province; (4) Consequential upon orders 1, 2 and 3 hereof an order for the First and Second Defendants to account for the proceeds of the lease rental in respect of the 1969 Lease Agreement expired on 15 July 1995 within 28 days from the date of the orders hereof; (5) Consequent upon order's to 4 hereof an order that the unpaid proceeds from the lease rental in respect of the 1969 Lease Agreement to be paid to the Claimants within 28 days from the date of compliance of order 3 hereof; (6) An order that the Caveat registered against the Perpetual Estate in Parcel No. 151-005-1 on or around 29 August 2005 be removed forthwith; (7) such and further orders as the court seems fit to impose; and costs of and incidental to this action.
   
3. The Claim and the application in this case relate Perpetual Estate Parcel No. 151-005-1. It was first registered in the names of Robinson Raibau and Atonia as joint owners on 30 July 1969. Robinson Raibau was a member of the Fulisisila tribe while Atonia was a member of the Biraukwao tribe. They leased the land to the Commissioner of Lands to build the Gwaunaru'u Airstrip, near Auki, in the Malaita Province.
   
4. On 17 February 1977, the Perpetual Estate was transferred and registered in the names of Martin Boloi, Marcus Maomabali and Robinson Kofana. They hold the Perpetual Estate as joint owners as well.
   
5. One of the issues raised by the Claimants in their Amended claim is that Robinson Raibau and Atonia made a mistake in registering themselves as the rightful persons to be registered as joint owners in respect of LR 605 (Parcel No. 151-005-1). This is an issue, which can be properly argued and investigated by the court at trial. In the circumstances, the application is dismissed.
   

ORDER: 1. Application is refused and dismissed.
2. Costs in the cause
3. Case to be mention on 25 July 2013 at 9.30.

THE COURT