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High Court of Solomon Islands |
HIGH COURT OF SOLOMON ISLANDS
Civil Case No. 232 of 1999
MARLON KUVE
v
HERRICK RAGOSO
(as representative of Zerolyn Viuru, Melton Jona,
Jeddie Alu and Lorraine Boso),
BAVA ISLAND DEVELOPMENT COMPANY LIMITED
& HAPPY ISLET LOGGING COMPANY LTD
High Court of Solomon Islands
Before: Lungole-Awich, J
Civil Case No. 232 of 1999
Date of Hearing: 6 July 1999
Date of Judgment: 6 July 1999
Mr. P Lavery for the plaintiff
Judgment: Ex Tempore
JUDGMENT
(LUNGOLE-AWICH, J):- It appears there are sufficient facts to warrant the hearing of this application ex parte. A shipment of timber logs is about to depart, and it is most probable that parties to the logging operation on land parcels Nos. 079-006-2 and 079-006-4 on Bava, Vella La Vella Island will any time receive payments arising under the contract(s) leading to the logging operation, and the money could be used up any time, especially if payees get wind of this case.
I have also identified reasonable causes of action based on plausible facts stated in the affidavit, that disclose serious issues for trial. Briefly, the plaintiff avers and deposes that the first defendants are not trustees and were not supposed to have been registered title holders of the land parcels; the reason he gave is that the majority of the Bava tribe did not appoint the first defendants, rather the majority appointed the plaintiff. Alternatively the plaintiff alleges wrongful distribution of the income of the logging operation. In his writ of summons, he claims, among others, declaration about the status of the present trustees, injunction against paying out monies and account to be taken of trees felled and monies that have come in as revenue. The plaintiff has established those as serious issues for trial. I grant:
1. That the application is one proper to be made ex parte.
2. Injunction against the First defendants restraining them, their agents, servants or representatives from receiving any money payable under contracts connected with or arising from the logging operation on land parcels Nos. 079-006-2 and 079-006-4.
3. Injunction restraining second and third defendants their agents, servants or representatives from paying any money to the first defendants.
4. All monies received or to be received in connection with the logging operation are to be paid into joint interest earning accounts of solicitors for the parties, except that taxes may be paid.
5. In the event that there is need to pay out money to meet necessary expenses, application may be made to the Registrar if parties are unable to agree.
6. Undertaking for damages is dispensed with now, but the question is to be submitted upon during inter partes hearing.
7. These interim orders are to last until 30.7.1999, but parties are at liberty to apply on urgent basis. Inter partes hearing will be on 30.7.1999.
8. Costs are reserved.
Dated this 6th day of July 1999
Sam Lungole-Awich
Judge
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