Vurulata Land Purchase Cooperative Society Ltd v Treasury Timber Ltd [2016] SBHC 182; HCSI-CC 417 of 2015 (17 October 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 417 of 2015

BETWEEN: VURULATA LAND PURCHASE - Claimants

COOPERATIVE SOCIETY LIMITED

AND: TREASURY TIMBER LIMITED - Defendants

AND: WILLIE PARUKU, LADY LOIS PITAKAKA, - Applicants
BEKAR MURA, ABENDIGO TEQEKANA
AND ROLLAND KUKU

Date of Hearing: 8^th September 2016

Mr. A. Radclyffe for Claimants
Mr. G. Suri for Defendants
Mr. M. Tagini for Applicants

APPLICATION FOR JOINER

Maina PJ:

The application for joiner is refused. The claimant, Vurulata Land Purchase Cooperative Society Limited (“respondent”), filed a claim against the Defendant for using part of the Claimant’s Parcel No: 033-003-1 as a log camp, log pond and for storage of logging machineries and equipment without Claimant’s consent.

The application

Applicants are saying that they are not aware of any resolution passed by the Executive Committee of the Claimant that authorised Mr. Cherry Galokepototo instructs a solicitor to lodge this case to the court.

They come to court seeking an order that they be joined as 2^nd Defendant in this proceedings representing themselves as members and representing the Executive members of the Society.

The Law

Briefly Chapter 3 of the Civil Procedure Rules in rule 3.5 empowers the court to make an order for a person to become a party if the person’s presence as a party is necessary to enable the court to make a decision fairly and effectively in the proceedings. It also provides that a person who does not consent to be added as a claimant shall be added as a defendant.

Rule 3.6 authorises a person affected by a proceeding to apply to the court for an order that he be made a party to the proceedings.

Issues

The questions or issues are:

1. Whether the Executive Committee of the Claimant authorised Mr. Cherry Galokepototo, General Manager of the Claimant to instruct a solicitor to lodge this case to the court and,
   
2. Whether the presence of the applicants as a party if it is necessary to enable the court makes a fair and effective decision in the proceedings. And in relation the applicant is a person affected by the proceedings.
   

The Court

On Issue 1, the sworn statements and documents provided for this application shows that a resolution was passed by the Executive Committee on the 18^th June 2015 authorising Mr. Cherry Galokepototo, General Manager of the Claimant to seek legal support on the allegation in the claim against the Defendant. A copy of the minute of the Executive Committee was tendered by claimant to the court. There is no objection in the tendering of the minute.

Interestingly the applicants in their sworn statements to support the application for joiner also raised a concern on the financial management and accounts of the Vurulata Land Purchase Cooperative Society Limited.

I am satisfied that Mr. Cherry Galokepototo, General Manager of the Claimant was authorised by the Executive Committee to seek legal support against the Defendant/Respondent.

With the other issue, I have already ruled that this action was authorised and so it makes no sense in joining the applicants as individual members of the executive and ordinary members to this case.

The concerns raised by the applicants are issues or matters among the Executive Committee and ordinary members or otherwise there are internal matters of the Vurulata Land Purchase Cooperative Society Limited, which should properly be dealt with under the Rules of their Cooperative Society.

The application for joiner is refused and struck out.

THE COURT

.................................................................
Justice Leonard R Maina
Puisne Judge