Salesian of Don Bosco Solomons v Vogithia [2016] SBHC 171; HCSI-CC 502 of 2015 (30 September 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: SALESIAN OF DON BOSCO SOLOMONS - Claimant
REGISTERED TRUSTEE (INCORPORATED)

AND: JOHNSON VOGITHIA - 1^st Defendant
(Representing his family, relatives, supporters and
Land owning group)

JACOB EDDIE & MARVIN SEBA - 2^nd Defendant
(Representing their family and members of the
Soso village)

Date of Hearing and Rulings: 30 September 2016

Mr. A. Kesaka for applicant
Mr. B. Nimepo for defendant

Application for injunctive orders against alleged trespassers and application for possession of land the subject of unlawful occupation.

Brown J:

Reasons and Orders.
So far as the claim to deal with the buildings apparently encroaching, in view of the defence, I make usual direction and appoint Friday 14 October at 9:30am.

I refuse the applications for injunctions against the various individuals and their associates and others for it is far too wide to be of any value. The court should not be a party to placing individuals at risk of contempt proceeding in these circumstances. The use of the apparent right of way over the land of the claimant may be illegal but the claimant may take steps to prevent such passage by fencing or policing by its own security who may use such force as necessary to prevent such access. The police may be called where a breach of the peace is threatened but court process should not be used in these circumstances where viable alternatives are available. The purpose of such injunctions should not be extended to include persons at large, for that would appear to be the effect in these proceedings and since they would clearly be of little practicable value, should not be countenanced.

__________________
BROWN J