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Maiaba v Manuwao [2024] SBLC 2; Local Court Case 25 of 2020 (20 August 2024)

IN THE LOCAL COURT OF SOLOMON ISLANDS

Case No: 25 of 2020

IN THE MATTER OF: OU’ URUILANGI CUSTOMARY LAND

Between: GARRY MAIABA and OTHERS (Plaintiff)

AND STEPHEN MANUWAO and OTHERS (Defendant)

FACTS

On November 2, 2020, the Malaita Customary Appeal Court (CLAC) issued an Order stating that:

1. The Local Court case 23 of 2009 still stands, which upholds the Tetealanasina House of Chiefs' decision dated 29th May 2009.
2. The plaintiff is at liberty to refer to the Local Court regarding the Tetealanasina House of Chiefs' decision dated 29th May 2009.

The appellant in the CLAC court subsequently filed this case with the Local Court on 3/11/2020.

ISSUE

Whether the Local Court has the jurisdiction to hear this case while their previous decision is still upheld by the CLAC.

REASONS

Upon careful analysis of the issue, the Local Court has determined that it cannot adjudicate on any land matter where another Local Court decision is still standing. As the CLAC order explicitly states that the decision of the Local Court still stands, this referral should not be considered by this Court, given that the previous decision remains in effect regarding the same parties and the same land.

ORDER

1. Case 25 of 2020 is dismissed.
2. Order No. 1 of the Customary Appeal Court is upheld.
3. No costs are ordered.

Dated this 20 August 2024

Signatures.

President: Nelson Nee

Member: James Onai

Member: Kenly Kena

Clerk: Wesley Ramo