Bade v Tufoal Timber Exporters Ltd [2022] SBHC 42; HCSI-CC 353 of 2018 (10 June 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Bade v Tufoal Timber Exporters Ltd
Citation:
Date of decision:	10 June 2022
Parties:	Mathew Bade, John Tauto and John Melanoli v Tufoal Timber Exporters Limited, Registrar of Titles
Date of hearing:	27 October 2020, 31 March 22, 19 May 22
Court file number(s):	353 of 2018
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Kouhota; PJ
On appeal from:
Order:	In the circumstances I feel it is unnecessary to proceed and make a findings on the evidence and rule on issues of law raised, as they do not take the matter any further beyond the expiry of the grant of profit. The expiry of the grant disposes of the claim and the claim died a natural death hence the proceeding must be terminated. Parties to bear their own cost.
Representation:	Ms Kilua S for the Claimant Mr Balea S for the Defendants
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 353 of 2018

BETWEEN

MATHEW BADE, JOHN TAUTO AND JOHN MELANOLI (DECEASED, REPRESENTED BY HIS SON DICKSON MELANOLI)

Claimants

AND:

TUFOAL TIMBER EXPORTERS LIMITED
First defendant

AND:

REGISTRAR OF TITLES
Second Defendant

Date of Hearing: 27 October 2020, 31 March 22, 19 May 22
Date of Ruling: 10 June 2022

Ms Kilua S for the Claimant
Mr Balea S for the Defendants

JUDGMENT

KOUHOTA PJ;

On 2^nd October 2018 the claimant filed a category (A) claim against the first and second defendants seeking the following reliefs;

(1) A declaration that the grant of profit instrument executed on 4^th May 2015 and registered on an unknown month in 2015 was fraudulent (sig) executed.
(2) An order that in light of the fraudulent circumstances of the grant, the profit is extinguished forthwith.
(3) An order that the grant of profit registered on about 18^th May 2015 be immediately cancelled and rectified.
(4) Cost in this action to be on indemnity basis against the first defendant.

As the matter progressed Mr Bade and the representative of the late John Melanoli filed a Notice of Discontinuation of their claim against first defendant and second defendant. This leaves Mr John Tauto as the sole claimant. Counsel for the parties have filed written submission and in their oral submission addressed the Court on the evidence and law on fraud. For reasons which I will come to shortly, I prefer to consider the submission of counsel for the defendants, Mr Balea, first.

Counsel Balea for the defendants submitted that the grant of profit, the subject matter of this proceeding had expired, hence the orders the claimants are seeking died a natural death. I think there is merit in Mr Balea’s submission. The claimant is seeking declaratory orders to declare the grant of profit is extinguished for fraud and to cancel or rectify the grant of profit.

The grant of profit was for 5 years from 1^st June 2015 until 1^st June 2020. The grant of profit therefore expired on 1^st June 2020. Since the claimant’s claim is for declaratory orders only and not claiming compensation or damages the expiration of the grant of profit to the defendants makes the claim die a natural death and disposed the claim. In the circumstances I feel it is unnecessary to proceed and make a findings on the evidence and rule on issues of law raised, as they do not take the matter any further beyond the expiry of the grant of profit. The expiry of the grant disposes of the claim and the claim died a natural death hence the proceeding must be terminated. Parties to bear their own cost.

THE COURT
JUSTICE EMMANUEL KOUHOTA
PUISNE JUDGE