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Mbaeroko Timbers Ltd v Renown Surf & Cargo Co Ltd [2017] SBHC 97; HCSI-CC 102 of 2017 (31 August 2017)

MBAEROKO TIMBERS -V- RENOWN SURF &
LIMITED CARGO COMPANY
(Claimant) LIMITED, THE VESSEL
“MV UNIVERSE
ALLIANCE
(1^st 2^nd Defendant)

HIGH COURT OF SOLOMON ISLANDS
(BROWN J)
Civil Case No.102 of 2017

Date of Hearing and Decision: 31 August 2017

K. Ziru for claimant
M. Pitakaka for defendant

Application for urgent injunction refused and dismissed with costs in favour of 1^st defendant.

Brown J:

Application for urgent injunction.
The application for injunction affecting logs is refused. The courts powers stem from the obligation in equity to assist a claimant where the grant of interlocutory order by nature of injunction will assist in terms of the principles accepted by the Court of Appeal in Majoria v Jino.

By certificate of urgency, paragraph 2 the claimant impliedly claims damages for misappropriation since the logs were illegally harvesting from the concession area belonging to the claimant company. Neither statement nor Category A claim has been filed to show a substantive cause of action at law, sufficient to support this claim for injunctive orders by way of ownership perhaps to the land from which the logs had been taken.

In any event the ship has sailed. The value of the logs taken may be quantified in monetary terms and an injunction in the terms of the application is not feasible.

The urgent application is refused. In this case, I am satisfied costs should follow the event, since the claimant was on notice after my earlier reason given on that 15 May.
I regret the director of the claimant company has been ill but the order for costs will stand. The claimant shall pay the 1^st defendants costs of the application on the 3^rd schedule basis, to be assessed or taxed and paid within 42 days.

There is no claim.
The application for urgent interlocutory orders is dismissed.

__________________
BROWN J