Munai v Isabel Timber Company [2016] SBHC 120; HCSI-CC 289 of 2016 (22 July 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS

Civil Jurisdiction

BETWEEN: JAPHET MUNAI AND OTHERS - Claimants

AND: ISABEL TIMBER COMPANY & - Defendants
OTHERS

Mr. M. Tagini for the claimants
Mr. A. Hou for the Defendants

Hearing: 22 July 2016

REASONS FOR DECISION AND ORDERS

Coram Brown J:

If the Timber Rights hearing scheduled for the 26 July before the Isabel Provincial Executive has not been postponed I direct that the Executive postpone the hearing pending my further court order. The issues raised by the sworn statement of Moffat Heropuhi are in support of the valid logging licence given the 2^nd respondent long ago. It would appear to cover the land claimed by the applicants. On the basis of the material amended to that sworn statement, the maxim or presumption of regularity arises, omnia praesumuntur rite esse acta, so that this court is unwilling to make any injunctive orders in favour of the applicants at this time.

The applicants may file material in reply.

The respondents may file such application as they see fit provided any such application is made before the next hearing day.

In view of the statement filed any defence needs to be filed within 14 days.

Any application by the respondents and this claim by the claimants shall come back for further hearing on Friday 26 August 2016 at 9.30.

Costs of today shall be costs in the cause.

BROWN J