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Maeke v Pukuvati [2013] SBHC 213; HCSI-CC 474 of 2013 (18 December 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 474 of 2013

BETWEEN:

DOREEN MENHUNU MAEKE
1st Applicant

AND:

ROSELYN GESE DETTKE
2nd Applicant

AND:

PETER PUKUVATI

VINCENT KURILAU

SAM KULOLO

CHARLES CHILIVI KEKU AND DOMASO ROKO

1st Respondent

AND:

ACCOUNTANT GENERAL

2nd Respondent

AND:

PERMANENT SECRETARY
3rd Respondent
(Ministry of Finance and Treasury)

AND:

PERMANENT SECRETARY
4th Respondent
(Ministry of Mines, Energy and Rural Electrification)

AND:

PERMANENT SECRETARY
5th Respondent
(Ministry of Lands, Housing and Survey)

AND:

COMMISSIONER OF LANDS
6th Respondent

AND:

ATTORNEY GENERAL
7th Respondent

Date of Hearing: 18th December 2013
Date of Judgment: 18th December 2013

Iroga J: For the Applicant
No appearance by the Respondent

RULING
(Maina J)

This is an ex-parte application by the applicants for interim orders to restrain the First Respondents from demand and collect any monies payable by Solomon Islands Government being payments of arrears in respect of the water source at Kongulae Water Source. The 2nd, 3rd, 4th, 5th, 6th and 7th Respondents are joined for injunction purposes as they have the authority to authorise the release of the money.

The applicants counsel filed the application as an urgent matter as the money was said to be paid out to the First Respondent by the next day on 19th December 2013. He relied on the sworn statements from the First and Second Applicants filed in Court on 17th December 2013.

In the sworn statement by the applicants said they are members of the Haubata Hanigoana tribe which own the Kongulai Land and Water Source and claimed the authority to deal with the issues relates to the Kongulai water source was bestowed on them as in the statutory declaration of 14th December 2012 by Savino Laugana, Paramount Chief of Ghaubata Hanigoana tribe and Onesimo Reinunu. Paramount Chief of Kakau Roha Tribe. The Paramount Chiefs appointed or authorised the applicants to deal with any matters relates to the Kongulai water source on behalf of their tribe.

There are issues to be sorted by the parties on the monies relating to Kongulai water source and accordingly this Court grants the following interim restraining orders:

1. That First Respondents, by themselves, their agents and or supporters, be restrained from demanding, collecting and or dealing with the monies payable by the Solomon Islands Government being payment of rears in respects of the water consumption of Kongulai Water Source Land Lease and Monthly water payment in the sum of Nine Million and Six Hundred Thousand Dollars which is expected to be released on 19th December 2013, and subsequent payments until further orders;
   
2. An order that the First Respondents provide to the applicant by sworn statement, a full account of the monies paid by the Solomon Islands Government to the First Respondents in the Year 2012, detailing the distribution or payments and recipients or payees;
   
3. An order that the Second and Third Respondents pay or give necessary instruction for payment of all monies payable for the Kongulai Water Source into an bearing deposit account in the names of the first and second applicants and of the Solicitors for the parties hereto;
   
4. An order restraining the Fourth, Fifth, Sixth and Seventh Respondents from convening, colluding and or interfering with the First, Second and Third Respondent for the releasing of the monies payable for Kongulai Water Source to the First Respondent and or their solicitors in breach of the terms of order 3 above;
   
5. Costs be the cause;
   
6. Penal Notice: that the following penal notice be attached to orders sought in paragraph 1, 2, 3 and 4.
   

"ANYONE BREACHING THIS ORDER SHALL BE IN CONTEMPT OF COURT, AND SHALL BE LIABLE TO IMPRISONMENT"

...........................................................
Justice Leonard R Maina
PUISNE JUDGE