Solomon Islands - Index to Solomn Islands Law Reports

A
Acquisition proceedings,	effect on subsequent land case [Lilo v. Ghotokera; Lilo v. Panda]			155
Accused, absent at trial
	previous conviction of [R v. Tuto]			19
	procedure on [R v. Tuto]			19
Adverse possession, land of [Bird and Another v. Registrar of Titles]				47
Alienated land, registration of transfer of [Bird and Another v. Registrar of Titles] [Teteha and another v. Registrar of Titles and others]				(47) (209)
Appeal
	sentence, approach on [R v. Ome]			27
	to court of appeal by prosecution [R v. Ome]			27
Arbitration
	award of, unclear [Coral Seas Ltd v. Gilmore]			119
	misconduct by arbitrators in [Coral Seas Ltd v. Gilmore]			119
	umpire [Coral Seas Ltd v. Gilmore]			119
Arbitration
	award of, unclear [Coral Seas Ltd v. Gilmore]			119
	misconduct by arbitrators in [Coral Seas Ltd v. Gilmore]			119
	umpire position of in [Coral Seas Ltd v. Gilmore]			119
Attorney-General
	powers in relation to customary land case [Talasasa v. Paia and Another]			93
Automatism, defence of [R v. Akaua]				7
Award, arbitrators by, [Coral Seas Ltd v. Gilmore]				119
	damages of [Longa v. Solomon Taiyo Ltd]			239
	interest on [Longa v. Solomon Taiyo Ltd]			239
B
Bias, court of, applicable test [Talasasa v. Paia and Another]				93
Bona fide, purchaser, registered land of [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]				172
"British Protected person" meaning of in Constitution [Paia v. Soakai]				86
Broadcast, previous convictions of accused of before trial [Attorney-General v. Solomon Islands Broadcasting Corporation]				1
C
Carriage of goods by Sea [Belae v. Markwarth Shipping Company Limited]				218
Certiorari, whether lies to Commissioner of High Court [Belae v. Markwarth Shipping Company Limited]				218
Citizen, Solomon Islands of, meaning of [Paia v. Soakai]				86
Civil procedure,
	Issues, settlement of, magistrates court [Belae v. Markwarth Shipping Company Limited]			218
	Limitation, defence of, must be raised [Belae v. Markwarth Shipping Company Limited]			218
Commissioner of High Court, whether subordinate to High Court [Belae v. Markwarth Shipping Company Limited]				218
Constitution
	Commissioner of High Court [Sia v. Amasia]			150
	Interpretation of
		"British protected person" [Paia v. Soakai]		86
		"citizen of Solomon Islands" [Paia v. Soakai]		86
		"common law" [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]		66
		"leave of absence without salary [Saemala v. Gatu]		196
		"public officer" [Saemala v. Gatu]		196
Contempt, Court of
	by publication of previous convictions [Attorney-General v. Solomon Islands Broadcasting Corporation]			1
	penalty on [Attorney-General v. Solomon Islands Broadcasting Corporation]			1
Conveyance
	presumption of validity of [Teteha and another v. Registrar of Titles and others]			209
	registered land of [Bird and Another v. Registrar of Titles]			47
	registered land of, validity of [Teteha and another v. Registrar of Titles and others]			209
Convictions,
	previous proof of, in absence of accused [R v. Tuto]			19
	publication of, prior to conviction, a contempt of court [Attorney-General v. Solomon Islands Broadcasting Corporation]			1
	sentencing, approach to on [Kaboa v. R]			43
"Common law", to be applied in Solomon Islands [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]				66
Contract,
	carriage of goods by sea for [Belae v. Markwarth Shipping Company Limited]			218
	sale of registered land for [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]			172
Conveyance, registered land of [Bird and Another v. Registrar of Titles]				(47, (207
Criminal Law
	automatism, defence of [R v. Akaua]			7
	burden of proof,
			self defence of [R v. Ome]	27
			"special reason of"[Wilikai v. R]	81
	corroboration, in case of rape [R v. Gere]			145
	drunkenness, defence of [R v. Kauwai]			108
	intent, nature of [R v. Kauwai]			108
	mens rea [R v. Akaua]			7
	rape, evidence necessary [R v. Kauwai]			108
	self-defence, burden of proof of [R v. Ome]			27
	sentence (see under sentence)
Criminal Procedure
	absence of accused, trial in [R v. Tuto]			19
	appeal by prosecution to Court of Appeal [R v. Ome]			27
	language of the court [Suinakawala v. R.]			135
	previous convictions, how proved [R v. Tuto]			19
	retrial, on murder charge [Suinakawala v. R.]			135
Customary Land Appeal Court
	bias alleged against, test of [Talasasa v. Paia and Another]			93
	survey by, refusal of [Lilo v. Ghotokera; Lilo v. Panda]			155
Customary Land
	acquisition proceedings, effect on subsequent customary land case [Lilo v. Ghotokera; Lilo v. Panda]			155
	Attorney-General, power of in relation to [Talasasa v. Paia and Another]			93
	issue estoppel, in relation to [Talasasa v. Paia and Another] [Lilo and Another v. Ghomo]			(93 (229
	judgments in relation to, not in rem [Lilo v. Ghotokera; Lilo v. Panda]			155
	res judicata, in relation to [Talasasa v. Paia and Another] [Lilo v. Ghotokera; Lilo v. Panda] [Lilo and Another v. Ghomo]			(93 (155 (229
D
Damages
	assessment of [Longa v. Solomon Taiyo Ltd]			239
	death on [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]			66
	deduction from, of sum paid under Workmens' Compensation Act [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]			66
	loss of eye for [Longa v. Solomon Taiyo Ltd]			239
	loss of expectation of life for [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]			66
	loss of future earnings for [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]			66
Deed, contract by, whether consideration necessary [Bird and Another v. Registrar of Titles]				47
Driving, whilst disqualified, sentence on [Wilikai v. R]				81
Drunkenness, defence as in criminal case [R v. Kauwai]				108
E
Election
	Provincial, adequate notice of polling place [Tauku v. Returning Officer for Western Province]			23
	National,
		date to assess qualification for [Saemala v. Gatu]		196
		disqualified candidate standing, election void [Saemala v. Gatu]		196
		qualification for [Paia v. Soakai]		86
		"citizen of Solomon Islands," meaning of [Paia v. Soakai]		86
		"public officer" meaning of [Saemala v. Gatu]		196
Engines, ship of whether total horsepower test for shipping regulation [South New Georgia Development Corporation Ltd v. Chief Marine Officer]				225
Estoppel, issue, customary land case in [Talasasa v. Paia and Another] [Lilo and Another v. Ghomo]				(93, (229
Evidence
	absence of accused in [R v. Tuto]			19
	corroboration of complainant in sexual case [R v. Gere]			145
	injury, where no direct evidence of cause of [R v. Akaua]			7
	rape, required to prove [R v. Gere]			145
	supporting, desirable in sexual case [R v. Gere]			145
F
Forgery, sentence for [Magu v. R]				40
Fraud, registration of land by [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]				172
H
High Court
	commissioner of [Sia v. Amasia]			150
	contempt of interior court, powers in relation to [Attorney-General v. Solomon Islands Broadcasting Corporation]			1
	supervisory jurisdiction [Sia v. Amasia]			150
I
Imprisonment, in absence of accused, as alternative to fine [R v. Tuto]				19
Intent, criminal case in [R v. Kauwai]				108
Interest, damages on [Longa v. Solomon Taiyo Ltd]				239
Intoxication, as defence in criminal case [R v. Kauwai]				108
Issue, settlement by Magistrates Court [Belae v. Markwarth Shipping Company Limited]				218
Issue estoppel,
	ascertainment of issues decided [Lilo and Another v. Ghomo]			229
	customary land case in [Talasasa v. Paia and Another] [Lilo and Another v. Ghomo]			(93, (229
J
Judgment, customary land case in, whether in rem or inter partes [Talasasa v. Paia and Another]				93
	estoppel by [Talasasa v. Paia and Another] [Lilo and Another v. Ghomo]			(93, (229
	issue, settlement in [Belae v. Markwarth Shipping Company Limited]			218
L
Limitation, defence of, to be specifically raised [Belae v. Markwarth Shipping Company Limited]				218
Local Court
	acquisition proceedings, jurisdiction not ousted by [Lilo v. Ghotokera; Lilo v. Panda]			155
	validity of conveyance of registered land, no jurisdiction to decide [Teteha and another v. Registrar of Titles and others]			209
Loss of earnings, damages for [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]				66
Loss of expectation of life, damages for [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]				66
M
Manslaughter, sentence for [R v. Ome] [Suinakawala v. R.]				(27, (135
Misconduct, arbitrators by [Coral Seas Ltd v. Gilmore]				119
Murder
	automatism as defence to [R v. Akaua]			7
	matters in extenuation under s 197 Penal Code [R v. Ome			27
	self-defence, onus of proof [R v. Ome]			27
N
Natural justice
	absence of parties, settlement of issues in [Belae v. Markwarth Shipping Company Limited]			218
	absence of one party, hearing of evidence by arbitrators [Coral Seas Ltd v. Gilmore]			119
	bias, where alleged, test of [Talasasa v. Paia and Another]			93
O
Occupation, registered land of, meaning [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]				172
Objection, member of court to, time for [Talasasa v. Paia and Another]				93
P
Possession, registered land of, meaning [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]				172
Priorities, registered land to [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]				172
Prescription, acquisition of title by [Bird and Another v. Registrar of Titles]				47
Presumption, as to validity of conveyance [Teteha and another v. Registrar of Titles and others]				209
Previous convictions
	proof of in absence of accused [R v. Tuto]			19
	sentence, effect on [Kaboa v. R] [Magu v. R]			(43, (40
Provocation, defence of, in murder [R v. Ome]				27
Procedure (see under Civil Procedure and Criminal Procedure)
Public Officer, qualification for election to Parliament [Saemala v. Gatu]				196
R
Rape,
	evidence of [R v. Gere]			145
	sentence for [Kaboa v. R]			43
Registered land
	adverse possession, acquisition of title by [Bird and Another v. Registrar of Titles]			47
	conveyance of [Bird and Another v. Registrar of Titles] [Teteha and another v. Registrar of Titles and others]			(47, (209
	priorities in relation to trust, of [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]			172
	registration of, [Teteha and another v. Registrar of Titles and others]			209
	registration of, fraud in [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]			172
Res judicata, application to customary land cases [Talasasa v. Paia and Another] [Lilo and Another v. Ghomo]				(93, (229
Retrial, order for, effect of [Suinakawala v. R.]				135
S
Self-defence
	burden of proof in [R v. Ome]			27
	test of [R v. Ome]			27
Sentence
	appeal on, date to run from [Suinakawala v. R.]			135
	breach of trust [Magu v. R]			40
	driving whilst disqualified [Wilikai v. R]			81
	exemplary [Kaboa v. R]			43
	forgery [Magu v. R]			40
	manslaughter [R v. Ome] [Suinakawala v. R.]			(27, (135
	previous conviction, effect on [Kaboa v. R]			43
"Special reasons", in traffic case proof of [Wilikai v. R]				81
Survey, land of by custom court essential [Lilo v. Ghotokera; Lilo v. Panda]				155
Ship, engine power for purpose of Shipping Regulations [South New Georgia Development Corporation Ltd v. Chief Marine Officer]				225
Shipping, carriage of goods by sea contract for [Belae v. Markwarth Shipping Company Limited]				218
T
Title, registered
	application for [Teteha and another v. Registrar of Titles and others]			209
	priorities as to [Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd]			172
Traffic, driving whilst disqualified, sentence on [Wilikai v. R]				81
Trial, absence at [R v. Tuto]				19
U
Umpire, arbitration proceedings in, position of [Coral Seas Ltd v. Gilmore]				119
V
View, land of, by custom court, whether essential [Lilo v. Ghotokera; Lilo v. Panda]				155
W
Workmens Compensation
	declaration of, in claim for damages [Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd]			66
Wounding, intoxication as defence to [R v. Kauwai]				108

Solomon Islands - Index to Solomon Islands Law Reports - 1980/1981

Index to Solomon Islands Law Reports - 1980/1981

	Page
Akaua, R v.	7
Allardyce Lumber Company Ltd, Official Administrator for Unrepresented Estates v.	66
Attorney-General v. Solomon Islands Broadcasting Corporation	1
Amasia, Sia v.	150
Belae v. Markwarth Shipping Company Limited	218
Bird and Another v. Registrar of Titles	47
Chief Marine Officer, South New Georgia Development Corporation Ltd v.	225
Coral Seas Ltd v. Gilmore	119
Gatu, Saemala v.	196
Gere, R v.	145
Ghomo, Lilo v.	229
Ghotokera, Lilo v.	155
Gilmore, Coral Seas Ltd v.	119
Kaboa v. R	43
Kauwai, R v.	108
Lilo and Another v. Ghomo	229
Lilo v. Ghotokera	155
Lilo v. Panda	155
Longa v. Solomon Taiyo Ltd	239
Magu v. R	40
Markwarth Shipping Company Limited, Belae v.	218
Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd	66
Ome v. R	27
Paia v. Soakai	86
Paia, Talsasa v.	93
Panda, Lilo v.	155
PKR Pacific Sales Ltd, Trading Company (Solomons) Ltd v.	172
R, Kaboa v.	43
R, Magu v.	40
R, Ome v.	27
R, Suinakwala	135
R, Wilikai	81
R v. Akaua	7
R v. Gere	145
R v. Kauwai	108
R v. Ome	27
R v. Tuto	19
Registrar of Titles, Bird and others v.	47
Registrar of Titles and others, Teteha and others v.	209
Returning Officer for Western Province, Tauku v.	23
Saemala v. Gatu	196
Sia v. Amasia	150
Soakai, Paia v.	86
Solomon Islands Broadcasting Corporation, Attorney-General	1
Solomon Taiyo Ltd, Longa v.	239
South New Georgia Development Corporation Ltd v. Chief Marine Officer	225
Suinakawala v. R.	135
Talasasa v. Paia and Another	93
Tauku v. Returning Officer for Western Province	23
Teteha and another v. Registrar of Titles and others	209
Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd	172
Tuto, R v.	19
Wilikai v. R	81