Wakioasi v Tarehiona [2024] SBHC 23; HCSI-CC 369 of 2019 (22 March 2024)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Wakioasi v Tarehiona
Citation:
Date of decision:	22 March 2024
Parties:	Philip Wakioasi, Joseph Maneisua, Collin Mausi, William Waihioro, and Angel Poraione v Cosmo Po’omu Tarehiona, Philip Haneraimae and Dominic Aitonatona, Tropical Greens Company Limited, Burwood (SI) Limited
Date of hearing:	8 March 2024
Court file number(s):	369 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	(i) Award $6,457,350.00 for environmental destruction occasioned to claimants’ tribal land from illegal logging entry. (ii) Award $722,229.49 for conversion of trees. (iii) Award 5 % interest on the total of the 2 above awards quantum combined. (iv) The 5 % awarded above are to start from 3/07/2020 when the further amended claim was filed. (v) Costs against defendants to be assessed if not agreed.
Representation:	Mr Ipo for the Claimants Mr Upwe for the 1st, 2nd and 3rd Defendant
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:	Apaniai v Sunway (SI) Ltd [2019] SBHC 95

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 369 of 2019

BETWEEN

PHILIP WAKIOASI, JOSEPH MANEISUA, COLLIN MAUSI, WILLIAM WAIHIORO AND ANGEL PORAIONE
(Representing Pauniwai 9Ariu) Tribe, West Are’Are, Malaita Province)
Claimant

AND:

COSMO PO’OMU TAREHIONA, PHILIP HANERAIMAE AND DOMINIC AITONATONA
(REPRESENTING THE MAIRIRIRE TRIBE, EAST ARE’ARE MALAITA PROVINCE)
First Defendant

AND:

TROPICAL GREENA COMPANY LIMITED
Second Defendant

AND

BURWOOD (SI) LIMITED
Third Defendant

Date of Hearing: 8 March 2024
Date of Ruling: 22 March 2024

Mr Ipo for the Claimants
Mr Upwe for the 1^st, 2^nd and 3^rd Defendant

JUDGMENT ON ASSESSMENT OF DAMAGES

1. By summary judgment delivered on 15/03/2021, the 1^st, 2^nd and 3^rd defendants jointly were adjudged as trespassers on claimants’ Ariu tribal land, West Are‘Are, Malaita Province. Amongst other reliefs granted to the claimants was damages or compensation for - trespass into Ariu land, environmental destruction from illegal logging and conversion of trees. That compensation is assessed in this judgment.
2. At the hearing today, Counsel Upwe withdrew his legal representation. The 1^st, 2^nd and 3^rd defendants were unrepresented. Counsel’s withdrawal was due to lack of cooperation and instructions from his three defendant clients. Counsel also withdrew his representation in the Court of Appeal for the same reasons. And the defendants appeal in the Court of Appeal against the 15/03/2021 summary judgment was accordingly withdrawn.
3. I proceeded to hear the claimants one sided to avoid further delays being also satisfied that the three defendants were duly served with court documents for today’s hearing (See Sworn Statement of Philip Wakioasi filed 7/03/2024).
4. In terms of evidence to support assessment of damages for trespass, conversion and environmental destruction, Court will rely on the evidences contained in the sworn statements filed by Allen Kisi Ofea (filed 10/10/2023) and Joe Hurutarau (filed 10/10/2023). These evidences are unchallenged because there is no other opposing assessments made. I will adopt the evidences before me in their entirety. The environmental damage is assessed at $6,457,350.00 for Pauniwai or Ariu or Paunawai (the same tribal land claimants are after here).
5. As for conversion of trees, it was assessed at $722,229.49. Claimants are also entitled to interest at 5% per annum on the amount of judgment debt. I award cost to the claimants as well. I will proceed quickly to enforcement, if claimants can act quickly. It is urgent because defendants are not taking any active role in defending this claim, both in the High Court and Court of Appeal. Are they planning on escaping? I do not know. Using Apaniai’s case^[1], the judgment debt (conversion and environmental destruction damages quantified above) are awarded at 5% per annum commencing from the date the further amended claim was filed on 3/07/2020.
6. Orders of the Court against the 1^st, 2^nd and 3^rd defendants jointly are:-
   • (i) Award $6,457,350.00 for environmental destruction occasioned to claimants’ tribal land from illegal logging entry.
   • (ii) Award $722,229.49 for conversion of trees.
   • (iii) Award 5 % interest on the total of the 2 above awards quantum combined.
   • (iv) The 5 % awarded above are to start from 3/07/2020 when the further amended claim was filed.
   • (v) Costs against defendants to be assessed if not agreed.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

---

^[1] Apaniai v Sunway (SI) Ltd [2019] SBHC 95; HCSI-CC 572 of 2017 (12^th November 2019).