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Belakake v Vogithia [2016] SBHC 8; HCSI-CC 344 of 2014 (27 January 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL JURISDICTION

Civil Case No. 344 of 2014

BETWEEN:

BILLY BELAKAKE, MATHIAS GARA,
PAUL TUKE AND DUDLEY KENA
(Representing the Luvu Agotha clan of the
Thimbo Tribe of Northwest Guadalcanal)
Claimants

AND:

JOHNSON VOGITHIA, JOHN ILEI,
JOSEPH NORO, AND SAMUEL KURIBUANA
1st Defendant

AND:

ATTORNEY-GENERAL
(Representing the President of the -
Guadalcanal Local Court)
2nd Defendant

Date of Hearing : 20th January 2016
Date of Ruling : 27th January 2016

Ms L. Ramo for the Claimants
Mrs. M. Bird for the first Defendant
Ms. L. Fineanganofo for the second Defendant

KENIAPISIA, PJ:

RULING ON AN ORAL APPLICATION FOR ADJOURNMENT

1. The Court is supposed to have conducted a Chapter 15 Conference today, because this is a judicial review claim. But Counsel Bird, applied orally for vacation of the said Chapter 15 conference and for adjournment, to allow parties to comply with the current court order for a joint survey[1]. Counsel Bird submitted that this judicial review claim can easily go past the Chapter 15 conference stage, particularly the four requirements of R.15.3.18. Counsel for the second defendant, Ms. Fineanganofo supported the application for adjournment.
   
2. Counsel Ms. Ramo opposed the application and submitted that the Chapter 15 Conference should proceed. Counsel's attempt to have a joint survey was unsuccessful, since there is no response from the Registrar of Titles office. Counsel furthermore submitted that the Registrar has already produced a survey report[2] on the boundary of the disputed property as required under Section 97 (1), (2), (3) and (4) of the Lands and Titles Act (Cap 133). And that the "disputed boundary" has already been decided on.
   
3. For now, I would grant adjournment to allow parties further time to comply with direction orders by Maina J. But I would give a dateline for the joint survey because the current orders were left unattended to for over 9 months to date. The Joint Survey report as per order by Maina J, must be produced three (3) months from today and a report filed in this Court by close of business on 6th May, 2016.
   
4. The Registrar's report on the disputed boundary pursuant to Section 97 (4) cited above, is a pre-requisite for this Court to assume jurisdiction over the dispute relating to the registered land under dispute. Section 97 (4) reads:
   

"No Court shall entertain any actions or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined as provided in this Section."

5. The Registrar's report is therefore in order as a pre-requisite in law.
   
6. I must make it clear that the joint survey cannot be extended after 6th May 2016. For this case to progress on, the only legal pre-requisite is as discussed in paragraph 4 above.
   

THE COURT

-----------------------------
JOHN A. KENIAPISIA
PUISNE JUDGE

^[1] The Court Order by Maina J, perfected on 17/4/2015.
^[2] See sworn by Belakake filed 13/4/15.