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Vakapa v Reko Enterprises Oceania Trading Company [2011] SBHC 114; HCSI-CC 246 of 2011 (26 September 2011)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 246 of 2011

BETWEEN :

STEPHEN VAKAPA
(Representing Malaengari Landholding Group and himself)
Applicant

AND:

REKO ENTERPRISES
First Respondent

AND:

OCEANIA TRADING COMPANY
Second Respondent

Date of Hearing : 19 August 2011
Date of Ruling : 26 September 2011

A Pehu for Applicant
B Etomea for First Respondent
S Balea for Second Respondent

RULING

1. This is an application filed on 8 July 2011 for the following orders:
   
   • (1) That the First and Second Respondents be restrained, whether by themselves, their servants or agents or otherwise, from entering, carrying out any construction of any kind, cutting, felling or removing any trees within the disputed Land, until further orders;
     
   • (2) An order that all proceeds of logs extracted from the disputed area be restrained and paid into an interest bearing deposit account in the joint names of Solicitors of the parties within 14 days.
     
   • (3) An order that the First and Second Respondents provide by sworn statement records of all logs extracted and exported to date from the disputed area by quantity, volume, specie and price within 28 days;
     
   • (4) An order that a penalty notice be attached with the interim injunctive order with notice to Oceania Trading Company, Choiseul Province, to carry out the terms of the interim order; and
     
   • (5) Costs in the Cause.
     
2. Mr. Stephen Vakapa applies for the above orders. He is the owner of Roghavakolo Customary Land. It is a block or portion of land within larger Malaegari Customary Land. The Land is located at North West Choiseul. He exhibited a map[1] showing the Roghavakolo block being marked by grid lines, while the larger Malaengari Customary Land is marked green. He represents himself and the Malaengari Landholding Group.
   
3. The Applicant's statement of case shows that the First Respondent is the holder of Felling Licence A10223 which covers Repaqa Customary Land. The First Respondent engaged the Second Respondent which had trespassed into Roghavakolo block causing extensive damage. The damage is fresh and recent, not ones caused by Mega Enterprises Ltd and Bulacan Integrated Woods (SI) Industries Ltd, which were previous contractors for the First Respondent. Repaqa Land shares a common boundary with Malaengari Land. That is Hurama stream to Maravota hill and Roghavakolo. In early May 2011, the Second Respondent who had been operating on Repaqa Land under the First Respondent's Felling Licence trespassed into Roghavakolo block of Malaengari Land and felled trees there. As a result of the trespass, damage was caused to Roghavakolo block, the environment, a grave and semi-permanent house were destroyed[2].
   
4. I have read the statements of Mr Wong Lieng Ping, Chief Chrisanto Midobatu, Jimmy Pitakaji and Brian Matarikisi. I accept the responses to them by Myleen Arisimae, Graham aka, Myleen, Graham Mark. The boundary of Malaengari Customary Land in which Roghavakolo block is situated, has remained the same as confirmed by the CLAC in 1977 and the Chiefs' decision of 2004. There is prime facie evidence that the Second Respondent had encroached into Roghavakolo block within Malaengari Customary Land, carried out logging operations, damaged and destroyed private properties on the land. There are serious to be tried.
   
5. In the circumstances, this court will grant the orders sought by the Applicant. Order accordingly.
   

THE COURT

^[1] Exhibit “SVI” annexed to sworn statement of Stephen Vakapa filed 8 July 2011.
^[2] Exhibit “SV7” (Photographs) annexed to sworn statement of Stephen Vakapa filed on 8 July 2011.