Osiramo v Aeounia [2016] SBHC 169; HCSI-CC 364 of 2006 (30 September 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: JOHN OSIRAMO - Claimant

AND: MEZACH AEOUNIA - 1^st Defendant

LEONARD SASAI - 2^nd Defendant

JACK ANONGOLIA - 3^rd Defendant

Date of Hearing and Orders: 30 September 2016

Mr. L. Kwana for applicant
Mr. W. Rano for 1^st, 2^nd & 3^rd defendants

Claim to reinstate matter [Rules 19.6]

Brown J:

Reasons:

The claim is beyond the time allowed by the Statute of Limitations. The Court of Appeal remitted the matter to the High Court in July 2008. Notwithstanding the various explanations for the absence of any steps to further the proceedings, the fact remains nothing has happened since 2008, apart from the Registrar’s Order striking out the proceedings. The Statute of Limitations runs not from the time of the striking out but from the date of the Court of Appeal order, which remitted the claim to the High Court.

As a consequence of the expiration of the time limited to run from the accrual of the cause of action afforded the complainant by the Court of Appeal decision which remitted the matter to the High Court, I hereby dismiss the claim in accordance with the power given me by S. 37 (1) of the Limitation Act (cap.18).

When I see that the claim relates to customary land boundaries, I am satisfied no injustice will be caused by my order today. The issue is one for the parties to resolve by customary means. The application to reinstate is refused. No order to cost

__________________
BROWN J