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High Court of Solomon Islands |
HIGH COURT OF SOLOMON ISLANDS
Civil Case No. 73 of 1997
ter">WILLIE KAREZAMA AND KIKO NOGHA
(Representing the Humavari Line)v
JESINA LIMITED AND RICK NAMUSU AND REGGIE NAMUSU
(Trading as Lalauru Timber Sawmill)AND PULEPADA GHEMU, ERIC GHEMU BRENDLY LEKEZOTO,
IVAN GHEMU AND KITURU GHEMU
(Trading as Jesina)AND SILVANIA PRODUCTS (SI) LIMITED
Before: Lungole-Awich, J
Hearing: 29th May, 1997 - Judgment: 30th May, 1997
el: T Kama for the plaintiffs - A Nori for the Defendant
JUDGMENT
LUNGOLE-AWICH, J:
The plaintiffs, Willie Karezama and Kiko Nogha, representing Humavari Tribe, filed writ of summons in which they sued in trespass and conversion. They asked for damages, injunction and account of the logs and proceeds. They have now applied for interlocutory injunction.
The defendants have filed affidavit in opposition. They have acknowledged that the plaintiffs have right in land in the area in question, and that there is a real triable issue in determining the boundaries of the lands in the area. They have, I think responsibly, agreed to order of injunction, but would like it not to cover areas and business which are not the subject of the suit. The plaintiffs' on the other hand contend that the whole of the business of the defendants comes from the disputed land. They say that when boundaries are determined that will be seen to be the position. They have also contended that the licence to cut and remove timber for sale that the defendants have exhibited was improperly obtained.
The plaintiffs' contentions are capable of being sustained, but even if they are finally sustained, I do not think that it is their position that the defendants are entitled to nothing at all in that area. In the light of that I shall grant interlocutory injunction in the following particulars, so as to preserve the status quo regarding the extent of the plaintiffs' interest which the defendants do recognise.
1. The first, second and third defendants are restrained from demanding or collecting proceeds of shipment of logs from Vituana customary land, from the fourth defendant or anybody else or from letters of credit.
2. The first, second and third defendants are restrained from collecting more than one-half (1/2) of the proceeds of shipment of logs from Vangunu areas, from the fourth defendant or anybody else or from letter of credit.
3. The third defendant is restrained from paying proceeds of log shipments to the first, second and third defendants to the extent that the payments will be contrary to orders 1 and 2.
4. These orders are to remain in force until further orders are made.
5. The plaintiffs are to have this case listed in the month of August 1997 to report on its actions in local court. Parties may be heard that time as to whether this order is to be discharged, varied or retained.
6. Costs are reserved.
Dated this 30th day of May 1997
At the High Court, Honiara
Sam Lungole-Awich,
Judge
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