Rizu v Viuru Land Trust Board [2016] SBHC 76; HCSI-CC 097 of 2016 (30 May 2016)

IN THE HIGH COURT OF SOLOMON ISLAND
CIVIL JURISDICTION

Civil Case Number 097 of 2016

BETWEEN:

JAMES RIZU, RENCA SOLOMON, ALGREN GILBERT
& GARRY ZUTU
Claimants

AND:

VIURU LAND TRUST BOARD
1st Defendant

AND:

ATTORNEY GENERAL
2nd Defendant

Date of Hearing and Orders: 30th May 2016

Mr. Michael Ipo, for the Applicant
Mr. Toifai for the 1st Respondent
Ms. Soma for the Attorney General

BROWN J:

Application for injunctive orders.

REASONS AND ORDERS

The proceedings have been served on the 1^st defendant in the Western Province. This hearing date was served on the respondent on the 24 May and an appearance has been entered today. MS. Soma seeks further time for a defence and I appoint the next mention day to be the 1 July 2016.

In terms of the application supported by the statement of case at paragraph 17, the Claimant appears to have a very strong claim of right. In terms of my powers to grant injunctive orders, the discretion need be exercised on proper grounds and where the applicant has shown a claim of right in respect of the subject portions, and the balance of convenience is with the Claimant to prevent any interference with the subject land, I am satisfied that orders may be made in terms of paragraphs 1 & 3 of the application dated 11 March 2016. The injunction shall extended to the 1^st July when it will expire unless by order extended further. No order as to costs.

The proceedings will come back to court on the 1^st July 2016 for further direction or order.

THE COURT