Arimana v Leo [2018] SBHC 2; HCSI-CC 496 of 2017 (15 January 2018)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION
(KENIAPISIA; PJ)

Civil Case Number 496 of 2017

BETWEEN: THOMPSON ARIMANA, MICHAEL - Claimants
LEAMANA AND OTHERS
(Representing Gonogano Riritiana Posamoga,
Tribe Isabel Province)

AND: BARNABAS HETA LEO - Defendant

Date of Hearing: 10^th November 2017.
Date of Ruling: 15^th January 2018.

Mr. M. Ipo for the Claimants.
Mr. W. Togamae for the Defendant.
Mr. W. Rano for Third Party (Mas Solo Investment Limited).

KENIAPISIA; PJ:

RULING AFTER INTER-PARTES HEARING

1. On or about 20/10/2017, Court granted ex-parte interim injunction orders against the defendant, perfected on 26/10/2017. On 6/11/2017, defendant issued a third party notice against Mas Solo Investment Limited (“Mas Solo”). On or around 10/11/2017, an inter-parties hearing was conducted through filing of written submissions from claimants, defendant and Mas Solo, through their respective counsels.
   
2. Court is inclined to sustain the ex-parte injunction orders granted. There are clearly serious issues to be tried. They include briefly: breach of trusteeship duty by the defendant trustee; non accountability for trust funds held by defendant trustee; conversion for personal use of trust funds by defendant trustee and replacement of defendant as trustee through election of the claimants’ tribe.
   
3. The monies involved and allegedly misused or unaccounted for by the defendant trustee are huge. Court is concerned about the defendant trustee’s ability to repay back the claimants’ tribal monies, once claimants have proved their case. The balance of convenience lies with preserving and avoiding further loss to tribal money. Continuing injunction will do more good than harm to the tribe, claimants and the defendant; all been from the same tribe. I also note, the undertaking made by the claimants.
   
4. Defendant has not answer to allegations of conversion of trust monies, but the right time to respond is still a long way to go, as the case progresses to trial, including at trial.
   
5. Defendant’s application by way of third party to be indemnified by Mas Solo will be dealt with separately. Mas Solo is however joined as a party for purpose of enforcing Court orders. Application to be indemnified is related to another civil case that has come through this Court; but has since been discontinued.
   
6. Orders of the Court are:
   

6.1. Ex-parte orders perfected 26/10/2017 to continue.

6.2. Mas Solo is made a defendant party.

6.3. Claimants or their agents shall not access tribe monies from Mas Solo.

6.4. Cost in the cause.

6.5. Defendant’s application to be indemnified to be listed on 3 days’ notice.

THE COURT

JOHN A KENIAPISIA
PUISNE JUDGE