Kolombangara Forests Products Ltd v Alezama [2017] SBHC 21; HCSI-CC 329 of 2007 (4 April 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

(Faukona PJ)

Civil Case No: 329 of 2007

BETWEEN: KOLOMBANGARA FORESTS PRODUCTS Claimant
LIMITED

AND: REUBEN ALEZAMA First Defendant

AND: BERVERLY ALEZAMA Second Defendant

AND: ATTORNEY-GENERAL Third (Representing the Commissioner of Lands) Defendant

AND: ATTORNEY-GENERAL Fourth (Representing the Registrar General) Defendant

Date of Hearing: 4^th April 2017
Date of Ruling: 4^th April 2017

Mr A. Radclyffe for the claimant
Mr M. Hauri for the First and Second Defendants
Third and Fourth Defendants not taking active role

RULING ON APPLICATION TO VACATE OR REVOKE COURT
ORDERS

Faukona PJ: This application was filed by the second Defendant and her daughter Mrs D. Alezama to either vacate or remove the imprisonment sentence made by this Court on 10^th November 2016 and to do the same to the warrant of arrest issued to reinforce the orders.

2.	The application seeks three reliefs, that is, to revoke the order of 6 months imprisonment, revoke the warrant of arrest and an order to an early release of the two prisoners.
3.	In support of the reliefs the Defendants rely on the sworn statements of Mr D. Alezama filed on 11th January 2017 and the sworn statement of Lester Alezama filed on 26th January 2017.
4.	After hearing arguments by both Counsels the Court decides that there is no issue in regards to the sentence of 6 months imposed, which could not have been exceeding 3 months as required by Rule 23.13 (b). I must therefore with immediate effect set aside the sentence of 6 months imprisonment and substituted with a three months imprisonment. Number of days served by the two prisoners is counted towards 3 months sentence.
5.	On the issue of the Warrant of Arrest which was addressed to Police for execution, it is also noted as contrary to Rule 23.18, but I will accept Mr Radclyffe version that it was an error that goes to form and not on the substantial case. Therefore not sufficient to revoke an imprisonment sentence.
6.	Concerning removal of properties in terms of building and personal effects, I accept Mr Radcliffe’s version and the photographs being tendered to Court is a manifestation of the recent developments as up to 22nd of February 2017. The photographs attached to Lester’s sworn statement where taken on 20th January 2017.
7.	From material evidence, it appears the Alezama family has not fully complied with the evictions orders. There is a ground house still standing probably a full accommodation kitchen and someone is sleeping in it. Other houses were partly removed. However, those partly removed are not capable of accommodating humans.
8.	In any event eviction orders have to be fully complied with, with no reservation as residue, Mr Radclyffe sought that the Clamant to remove what remains of the Defendant’s houses which I accept.
9.	With what has been encompassed in submissions, I hereby make the following orders.
	Orders:
	1.	The sentence of 6 months imprisonment be set aside and substituted with the sentence of 3 months.
	2.	That the Claimant to complete pulling out the remaining part of the buildings which remain standing.
	3.	Cost in the Cause.
	The Court.