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Vakapa v Reko Enterprises [2017] SBHC 14; HCSI-CC 246 of 2011 (28 February 2017)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: STEVEN VAKAPA - Claimant

AND: REKO ENTERPRISES - 1^st Defendant

OCEANIA TRADING COMPANY - 2^nd Defendant

Date of Hearing: 28 February 2017
Date of Judgment: 28 February 2017

Ms. L. Ramo for claimant
No appearance of defendant

Assessment of damages for unlawful Logging

Brown J:

Summary judgment was given in favour of the claimant on the 17 February 2015, against all defendants. The claim for assessment of damages was adjourned for later hearing and on the 23 September 2015, an exhaustive statement by Stephen Vakapa was filed and I am satisfied, served on all the defendants setting out the basis and value of the claim for damages. That statement annexed the Forestry assessment report, the National Museum report and the Ministry of Environment and Conservation report.

The sums claimed were,

1. Value of Logs illegally felled from Malaengari $ 5,054,425.80,
2. Damage to sites of cultural significance $150,000,
3. Environmental degradation/destruction $ 5,000,000 and
4. Damage to food gardens $ 478,000

Totaling in all $ 10,682,425.80
I am not prepared to allow the claim for the environmental degradation for it has been subsumed by the claim for the value of the trees felled and the damage to the food gardens.

Whilst the Report deals with that environmental degradation the assessment in flawed by the assessment methods.

There has been no appearance of the defendants today although notice given for hearing today. There has been no material filed in answer to that statement of Stephen Vakapa, nor any other material by these defendants. Mr. Ninepo wrote on February 27, yesterday to the Registrar stating that the lawyer with carriage of the matter Mr. John Kari Zama was on compassionate leave following the death of his father.

Mr. Ninepo asked for the courts indulgence and an adjournment to another date. While the court has sympathy for Mr. Zama, the firm acting, Light Lawyer may have arranged other representation since any argument would appear to relate solely to the basis and amounts claimed, in the absence of other material by the defendants. Ms. Ramo is here today ready to proceed. These proceedings have had a history of adjournment since judgment in February 2015.

The Court cannot countenance further delay. The matter will proceed on the basis of the material filed, on which Ms. Ramo relies.

I accordingly give final judgment in the sum of $ 5,682,425.00 together with costs for the damages assessment, on the 3^rd schedule basis in the sum of $ 10,200 and $ 1,000 for disbursements against the defendants jointly and severally.

__________________
BROWN J