Mwelo v Premier of Temotu Provincial Government [2016] SBHC 85; HCSI-CC 200 of 2016 (3 June 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 200 of 2016

BETWEEN:

JOHN CHRIS MWELO, FRANZER BLAMS METEA
AND JOHN METALVI (representing the Nendo
Resource Development Association & the original
Vendors of Parcel Number 266-001-2 and
266-001-3, Lata, Temotu Province)
Claimants

AND:

THE PREMIER OF TEMOTU PROVINCIAL GOVERNMENT
Defendant

AND:

XIANG LIN TIMBER (SI) LIMITED
2nd Defendant

AND:

ATTORNEY GENERAL
(representing the Commissioner of Lands and Registrar of Titles)
3rd Defendant

Date of Hearing and Orders: 3rd June 2016

Mrs. Bird M, for the Claimant
Mr. Marahare D, for 2nd Defendant

BROWN J:

Application directed to requiring proof in custom to act.

REASONS AND ORDERS

The application pursuant to R.3.42 in properly brought, but this court declines to enter upon the investigation envisaged. The argument stems from disputing representatives at Temotu. Firstly the appropriate forum to consider proof to act in custom is either by way of a chiefs hearing or by the local court on my direction. Secondly the cost of having the application purportedly heard by the High Court with the attendant cost to witnesses, either coming to Honiara or the court travelling to Temotu is a factor to be considered under the Rules. The rules presume a power but this court may decline to exercise that power when more appropriate forums to deal with the question are available.

The proper order, then is for the appropriate Local Court at Temotu to enter upon the enquiring envisaged by paragraphs 1 & 3 of the application dated 20 May 2016 filed by the 2^nd Defendant, and supported by the statement of Chua Kock Chuan. I also direct the Local Court to have regard to in its deliberations, the sworn statement of John Chris Mwelo, more particularly annex I, which contains the original list of vendors. Further proceeding by the Claimant is stayed pending the report by the Local Court. I direct the applicant to take out these orders and convey them to the Clerk of the Local Court. The Local Court may seek further direction from me if it so needs.

Costs shall be reserved.

THE COURT