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Jonah v Kelekolo [2007] SBHC 149; HCSI-CC 94 and 95 of 2007 (17 August 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 95 and 94 of 2007

ALOSI JONAH AND EVANS ZAMA
(Representing the Vore Tribe)

-v-

KOBALAKEO KELEKOLO
AND KATA KOBALAKEO
AND OTHERS

Date of Hearing: 17 August 2007
Date of Ruling: 17 August 2007

P. Tegavota for the Plaintiff
Jones Galo in person (1st Defendant)

RULING

REASONS

Brown, J: The summons is clearly related to custom. It relies on the customary ownership reflected in the writ of summons and statement of claim.

This cause is not justiciable in the H.C. although the relief sought, injunctive orders are available to assist a Local Court for instance, where a Local Court is unable perhaps, to effectuate a decision in custom, without the HC’s assistance.

Nevertheless, this court has no jurisdiction in the 1st instance.

Although the plaintiff is not present the proper order is to strike the proceeding ex debito justitiae.

THE COURT

TRANSCRIPT
31 August 2007

Jones Galo in person (1st defendant)
Tegavota for plaintiff

Mr. Tegavota argues that he had notice of hearing fixed for today the 31t August.

On the 17 August in his absence I made final orders in civil 94 and 95 of 2007. I gave my reasons.

This court has no power to revisit the judgment.

The plaintiff’s rights are to appeal the decision.