Oanimana v National Harvest Resources Company Ltd [2016] SBHC 68; HCSI-CC 585 of 2015 (20 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 585 of 2015

BETWEEN:

MISHACK OANIMANA & DORAH HUAPII
(representing Horouru tribe of East Are’are
in Malaita)
Claimants

AND:

NATIONAL HARVEST RESOURCES COMPANY LIMITED
First Defendants

AND:

SAMLIMSAN (SI) LIMITED
Second Defendant

Date of Hearing: 20 May 2016
ANH Legal Services for the Claimants
Rano for 2nd Defendant

BROWN PJ:

RULING AND ORDERS

In relation to the assertion that the original claim had not been served, I accept the sworn statement of Ashley Anihiu, annexed to that of Mishack Oanimana of 30 March 2016, in the absence of evidence to the contrary, since the statement of Mr. Anihiu has since been served on Charles Karaori. On the 17 November, Mr. Anihiu gave the Claim to Mr. Karaori whom he personally knew and believed him to be a prominent member of National Harvest Resource Company Ltd at his place of residence West Kola Ridge. He also served a copy of the claim at the office of Samlimsan [SI] ltd at Ranandi, East Honiara.

There is no response or defence, in spite of the weeks delay allowed since my directions of the 13 May. I have read the affidavits of proof of service of Duddley Iro filed 18 May and Dora Huapii filed 18 May and the proof of service of the claim by Ashley Anihiu annexed to that statement of Mishach Oanimana. I am satisfied the defendants had notice of this application. Mr. Bitibule has appeared for the Defendants today and argued that they have not been served. This argument has not been accepted by me in the face of the statements on which I rely for Mr Rano had earlier appeared conditionally when I adjourned the application. Mr. Fugui for the claimant confirms that the Rules in relation to applications for judgment have been complied with; on hearing him and on reading the materials is support, particularly the statement of Mishach Oanimana.

I make orders in terms of para’s 1, 2 & 3 of the Claim. The assessment of damages for trespass, loss and environmental damage shall be set down for hearing on a date to be fixed by the Registrar once particulars are filed by the Claimants.

The costs of this application shall be paid on the indemnity basis.

THE COURT