Pacific Venture (SI) Ltd v Mono [2014] SBHC 31; HCSI-CC 06 of 2014 (20 January 2014)

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

Civil Case No. 06 of 2014

BETWEEN:

PACIFIC VENTURE (SI) LIMITED
AND FAR SOUTH HOLDINGS LIMITED
First Claimant

AND:

TOSWEL MONO, ERIC KIKI, DOUGLAS KORA,
STEWARD HOU AND ROBERT J AND NAPTALI
TAHERISIO(REPRESENTING LUSUHATINIMAE AND
NGADINIMAWA TRIBES, OF SMALL MALAITA)
First Defendant

Date of Hearing: 17th January 2014
Date of Ruling: 20th January 2014

J. Keniapisia for the Claimants

RULING

This is an Ex parte application for interim injunction orders to restrain the defendants from continuing with the current road blocks and or to lift the current road blocks, any access in the concession areas.

The applicants counsel filed the application as an urgent matter and is seeking the following interim orders:-

1. To restrain the Defendants, their tribesmen agents, servants and relatives from continuing with the current road blocks on Paewa'alaala land (Ngadinimawa), Small Malaita or any access in the concession areas, on Small Malaita
   
2. Directing the defendants, their tribesmen, agents servants and relatives to lift the current road blocks on Paewa'alaala land(Ngadinimawa), and to allow unhindered road access for use by the claimants to haul all logs felled in the upper Ngadinimawane concession blocks;
   
3. To restrain the Defendants, their tribesmen agents, servants and relatives from continuing with the current road blocks on Paewa'alaala land (Ngadinimawa), Small Malaita or any access in the concession areas, on Small Malaita
   
4. Police to assist in the enforcement of any orders granted by the court
   
5. Other orders deem fit by the court
   
6. Cost against the defendants
   

Counsel Keniapisia made a brief submission and relied on the sworn statement from one of the claimant's directors Mr. Desmond Romwane.

The claimant has a logging licence no. A 10822 and currently cut logs at the Ngadiniwana land concession areas. In the course of logging there was a dispute on boundary and (alleged trespass by the claimants) between the defendant's Lusuhatanimae tribal group over portion of land within the concession area.

From the alleged trespass, the defendant's Lusuhatanimae tribal group on 31st May 2013 the claimant entered into a Memorandum of Understanding (MOU) with Ngadiniwana group, Nadialaala group and Ngadiniwane group to withdraw the claim of the royalties until the disputing parties sort out the dispute on the boundary. The claimant is to withhold the payment royalty monies pending the resolution of the dispute by the parties.

The defendants who claim interest on the access road on a portion of land in Ngadinimawa land now blocked the road and prevented the claimant to remove the logs to the log point. They demanded payment of the royalty to them claiming that the Iolariaramo chiefs' panel had awarded the ownership of the land. The award of ownership to the defendants by the chief was referred to the Malaita Local Court and pending the hearing of the case. This is confirmed by the local court officer in his letter of 10th October to the parties.

The principles governing the grant of interim injunction is in the Court of Appeal decision in Gandley Simbe –v- East Choisuel Area Council & other – Civil Appeal no 8 of 1997.

There must be a serious issue to be tried and the balance of convenience.

The defendant group is one of the parties to the MOU and their acts of blocking the access road now raises issue to the breach of the MOU. And the dispute on boundary at the concession area between the defendant's group and Nadialaala group is now before the Malaita Local Court and pending the hearing of the case.

I am satisfied with the application and grant the orders sought.

Accordingly, grant orders 1, 2, 3, and 4 and further:

• A penal notice be attached to orders made herein.
• Costs in the cause.
  

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Justice Leonard R Maina
Puisne Judge