Soni v Siosi [2016] SBHC 139; HCSI-CC 231 of 2016 (5 August 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: PATRICK SONI - Claimant

AND: PETER SIOSI - 1^st Defendant

AND: CHIEF STEHANAS MAKAIA - 2^nd Defendants

P. Tegavota for the Claimant
W. Rano for the 1^st Defendant
No appearance for 2^nd Defendant

Date of Hearing: 5 August 2016

Application for various declaratory orders affecting customary proceedings and decisions of the Malango House of Chiefs given on the 14 May 2016.

Brown J:

These proceedings claim orders affecting a Chief’s decision concerning boundaries between the two conflicting tribes, Charana and Sota. The decision was given on 14 May 2016. An aggrieved party may appeal the decision by unaccepted settlement pursuant to the Local Court Act.

The statutory provision applies in this case and the claimant has the right as an aggrieved party to file an unaccepted settlement form with a local court. The avenue is still open.

The claimant seeks to retain payment of moneys in accordance with a logging agreement pending determination of the unaccepted settlement [by the chiefs] for logs in the disputed area have been sold. It would seem since this boundary dispute is not one of recent invention, that the moneys received for timber taken from the disputed area be restrained pending the decision of the Local Court and any appeal.

The practicalities however make that order difficult in the extreme for both tribes dispute the land affected by logging, and an order must be capable of being enforced. The alternative is for the claimant if successful, in the Local Court to recover moneys from the unsuccessful tribe.

In the circumstances, these apparent claim for debt would be the better option.

The application for an interlocutory injunctive order is refused; the claimant has not satisfied one of its right to the moneys to be injuncted since no determination in respect of the disputed land has been made.

Accordingly the various declaration sought shall await a hearing of the LC and are not available in this court.

Accordingly the various declarations sought shall await a hearing of the Local Court and are not available in this court. The injunction depends on a finding not available to this court, one more properly made by the Local Court in accordance with its jurisdiction to entertain such unacceptable settlements of customary disputes.

The claims are refused. The proceedings are stuck out.

Costs will follow the event.

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BROWN J