Gorgagita v Haidu [2014] SBHC 128; HCSI-CC 509 of 2011 (20 October 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J)

Civil Case No. 509 of 2011

BETWEEN:

MATTHEW GROGAGITA, ELLISON RIUGITA,
JOSIAH FANAGITA AND JOHN GOROMO
Claimants

AND:

NASON HAIDU, MATTHEW FRIRO, RICHARD
HAILE AND R. HAUISADE
First Defendants

AND:

PACIFIC INTERNATIONAL LIMITED
Second Defendant

AND :

ATTORNEY GENERAL
(Representing Isabel Local Court)
Third Defendant

Date of Ruling : 20 October 2014

RULING

Application and Orders sought. The First Defendants seek the following orders in their application: (i) the Claim filed by the Claimants on 22 December 2011 be dismissed for: (a) lack of jurisdiction and (b) frivolous or vexatious and an abuse of the court process; (2) indemnity cost; and (3) Any other orders the Court may deem fit in the circumstances of the case on the following grounds; (i) the Local Court awarded the First Defendants the right of ownership and custody of Kolo'onga/Kumaibrahu customary land; (ii) the Claimants failed to file a timely appeal to the Customary Land Appeal Court, but instead applied to the High Court for declaratory orders; (iii) the Chiefs, the Local Court and the Customary Land Appeal Court only have the jurisdiction in relation to the reliefs sought. Further, the High Court is asked to substitute a decision of the Local Court and the traditional chiefs in relation to the ownership of the land; (iv) that the declaratory orders sought are clearly an abuse of the court process and are vexatious.

Background to this case. A dispute regarding the ownership of Logaja (Logaza) and Garana Lands occurred between the First Defendants and the Claimants in 2004. The dispute was heard by the Maringe House of Chiefs on 15 November 2004. These lands are composed of customary and alienated lands. The spokesman for the First Defendants was Chief Nason Haidu (Junior). They asserted that they were the true owners of Logaja (Lagaza) and the Garana Lands. They gave evidence regarding their ownership of the lands. The Claimant's spokesmen were Ellison Riugita and Matthew Grogagita. They gave evidence to establish the ownership of Logaja (Logaza) land by the Claimants. The Chiefs did not determination the ownership of Garana Land as it might be alienated land held by the government. The Chiefs held that the First Defendants and the Claimants had equal rights over Gigigrai, Bobokona, Bibitio, Tirotu'e, Bakrufekao, Bebeo, Huhunu, Sisiruo and Khada Customary Lands. The First Defendants did not include the said customary lands to determine their ownership, but merely Logaja (Logaza) customary land. The Claimants appealed the Chiefs decision to the Isabel Local Court under section 12 (I) of the Local Courts Act (Cap. 19). The appeal was heard on 25 July 2007 and judgment was delivered on 28 July 2007. The Court held that the First Defendants were the true owners of Kolo'onga/Kumaibrahu Land. And further, the court quashed the decision of Chiefs. The Claimants did not appeal the Local decision to the Customary Land Appeal Court because they received their copy of the Local Court decision well after the period of three months for appeal had lapsed. The Third Defendant did not dispute that the Claimant received their copy of the Local Court decision outside the appeal period.

First Defendant and Claimants brief submissions. The First Defendants contended that the declaratory orders sought by the Claimants in this case are an abuse of the court process and are vexatious. The Claimants contended that the customary ownership of Kolo'onga/Kumaibrahu Customary Land is still a live issue. It should thus be referred to the Chiefs to determine its customary ownership.

Decision of this court. The customary ownership of the Kolo'onga/Kumaibrahu was never decided by the Maringe House of Chiefs, whose decision was quashed by the Isabel Local Court on 28 July 2007. Any dispute regarding the ownership or interest over customary must be determined by the Chiefs or other traditional leaders living within the locality of the land, pursuant to section 11 of the Local Courts Act. This did not take place in relation to Kolo'onga/Kumaibrahu Customary Land.

Supervision of subordinate courts. Section 84 (I) of the constitution provides original jurisdiction to this court to supervise civil proceedings of subordinate courts. In this case, the local court is a subordinate court within this section. This court will accordingly make the following orders.

Orders 1. The Claim filed by the Claimants on 22 December 2011 is dismissed for abuse of the court process.

2. The Claimant to pay the First Defendants costs on indemnity basis.

3. The issue of ownership and other interests over Kolo'onga/Kumaibrahu Land are to be re-heard by the Maringe House of Chiefs which shall be differently constituted from the corum that sat on 15 November 2004.

THE COURT