Vaekesa v Attorney General [2016] SBHC 119; HCSI-CC 276 of 2016 (22 July 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS

Civil Jurisdiction

BETWEEN: HENCE VAEKESA - Claimant

AND: ATTORNEY GENERAL - 1^st Defendant

AND: DERALD GALO & OTHERS - 2^nd Defendant

AND: PENROSE PONISI - 3^rd Defendant

Mr. Kaboke, J for the 2^nd and 3^rd defendants
No appearance of the other parties.
Date of Hearing: 22 July 2016

Application for judicial review and stay of proceedings.

REASONS FOR DECISION AND ORDERS

Coram Brown J:

There being no appearance of the applicant and being satisfied the claimant has notice since it is his application returnable today, the application will be heard.
Mr. Kaboke seeks to strike out the application for it relates to a decision of the CLAC given in November and the proper and only course to seek this court’s jurisdiction to hear an objection is on a question of law by way of appeal under the Land Titles Act S256(3). That section provides for an appeal within 3 months.

In the absence of such appeal the finding cannot be challenged. The statutory provisions preclude an approach to this court by way of judicial review.

The application has no basis in law and is struck out.

The applicant shall pay the 2^nd and 3^rd defendants costs of appearance to argue the case today.

BROWN J