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Marape v Southern Forest Industry [2024] SBHC 118; HCSI-CC 51 of 2021 (24 September 2024)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 51 of 2021

BETWEEN:

FRANK WILLIE MARAPE
(Representing of Eliote, Paso and Eden Villages, Small Malaita, Malaita Province)
Claimant

AND:

SOUTHERN FOREST INDUSTRY
First Defendant

AND:

WAN LIK BROTHERS LIMITED
Second Defendant

Date of Hearing: 24 September 2024
Date of Decision: 24 September 2024

Mr Alban Gotoa for the Claimant (No Appearance)
Mr Whitlam Togamae for the First Defendant (No Appearance)
Mr John Taupongi for the Second Defendant (No Appearance)

RULING

Bird PJ:

1. This is a case whereby it is alleged that there was a breach of the terms and conditions of felling license no. 101554. Mr Frank Willie Marape claims to be representing Eliote, Paso and Eden Villages of South Malaita, Malaita Province. He also seeks damages for alleged trespass and nuisance.
2. Southern Forest Industry (SFI) is the holder of felling license no. 101554. Wan Lik Brothers Limited (WLBL) is the contractor under the felling license.
3. Mr Marape and one Michael Konia has previously commenced Civil Case No. 160 of 2018. The issues raised in that case are similar to the issue raised in this case. CC160/18 was discontinued by Mr Marape and Mr Konia on 31 July 2018 following execution by all parties of a Deed of Settlement.
4. Clause 4 of the Deed provides for “Bar to Action”. Either party to the Deed may plead that bar to any action, suit or proceeding.
5. That issue aside, I have perused Mr Marape’s filed claim in this proceeding. He claims to be a representative for the three respective villages stated therein. There is nothing further in the claim or sworn statement filed by him to satisfy me that he is entitled to represent the three villages. He is from Eliote Village. How could he be entitled to represent Paso and Eden Villages.
6. WLBL has in their defence raised the issue of Mr Marape’s standing to represent the three villages. His reply to the defence only state that he was authorised by the members and chiefs of the three villages. There was no further sworn statement filed in this proceeding for Mr Marape to verify the issue.
7. Apart from the above, there is nothing in his statement of case that he is a signatory to any agreement with SFI and WLBL so that he has the locus to sue them in this proceeding. There is also no decision by the relevant land courts to confirm he owns Hiolomasi customary land. His claim in effect is lacking in substance so that this court can continue to entertain it.
8. The case was called for mention before me this morning at 9.30am. None of the parties appeared. None of the lawyers acting for the parties also appeared. There was no reason given for their absence.
9. I have also noted that I made several direction orders on 30 November 2023. All of the orders were not complied with by the parties.
10. Upon the discussions above, I hereby dismiss this proceeding pursuant to rule 9.75 of the Solomon Islands Courts (Civil Procedure) Rules 2007. I also have the discretion to strike out this proceeding under rule 9.71 of the rules. I hereby order.

THE COURT
Justice Maelyn Bird
Puisne Judge