Rilangi v Unga [2021] SBLC 4; Land Case 18 of 2015 (15 April 2021)

IN MALAITA LOCAL COURT

AUKI MALAITA PROVINCE

SOLOMON ISLAND.

LAND CASE NO: 18 of 2015

IN THE MATTER OF: TAKARIA Parcel of Land within LAND

UMAIANO

BETWEEN: CHRIS RILANGI, PETERO BAEMAELIA PLAINTIFF

BILLY TAISELO

AND: BEN UNGA, PETER KIWAI, and PETER IROTA DEFENDANT

Preliminary Hearing

Date: 15th April 2021.

Time: 9: 45 AM.

Introduction

1. On the 12th of May 2015 at Lola Custom house, a hearing was conducted by the Olomaoma House of Chief, this was a one-sided hearing in the absence of the plaintiff’s party. The Olomaoma house of chiefs gave its determination in favor of the defendant’s party. The case was then referred to the local court by the plaintiff and register as case number 18 of 2015.

1. On the 22nd of March 2021, the local court listes case for hearing, and on the 15th of April 2021, the Local Court sits to hear the issue bsue between both parties. The plaintiff informed the court that they are one tribe, the reason for referring this matter to the local court is because the Olomaoma house of chief gives its decision in a one-sided settlement. But he informed the court that, because they are one tribe they already discussed between themselves that if it is appropriate before this court, they asked the court that they want this case to be withdrawn and they can solve the issue between them at their home. He said because they were brothers it is appropriate to solve any issue raised among them just outside of court, that is why he pleaded with the court that this matter should be withdrawn and should be solved between them at their home.
2. In the defendant’s statement, he said that it just a disagreement between his father and the plaintiff, that the plaintiff has cultivated a little bit part of the land. That is why they bring the matter before the chiefs, but he said, as it is already mentioned by the plaintiff, they already discussed between themselves that it is better to settle the matter at their home rather than in the court. The defendant confirmed to the court that they are brothers, and they want this matter to be withdrawn before this court and let themselves solve the issue between them at their home.

1. In accordance with the statement of both parties, that thl confirmed to the court and agreed that this matter should refer back for them to solve thve the issue between them as brothers, this court accepts the request and make the following order.

Orders

1. Olomaoma house of Chiefs determin is set aside.
2. The Local Court case no:18 of 2015 is therefore withdrawn
3. No orders of cost.
   

Signer:

Nelson Ne'e: ______________Vise President

Eddie Wasi: _______________ Member

Timme Aranga: ____________Member

Wesley Ramo: ____________Clerk