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Jele v Greenland Enterprises Ltd [2023] SBHC 113; HCSI-CC 247 of 2021 (10 November 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 247 of 2021

BETWEEN

AARON JELE, ASSISTANT CHIEF BENJAMIN PITAKOE, ZAKIA PITAKOE, CHIEF TONY PITAMAMA, ALPHEUS BOSETO, ERRURA TUTUA, LESLIE VOJE, ALPHEUS SILE & OTHERS ROVOKANA, KITCHINER BAPE, SIMON SAELE, NATHAN TOGARA
Claimants

AND:

GREENLAND ENTERPRISES LIMITED
First Defendant

AND:

GULF THREE LIMITED
Second Defendant

AND:

CHIEF RONALD TANAKESA & OTHERS
Third Defendant

AND:

COMMISSIONER OF FOREST
Fourth Defendant

Date of Hearing: 22 September 2023
Date of Ruling: 10 November 2023

No Appearance for the Claimant
No Appearance for the First, Second or Third Defendants

Lawry; PJ

RULING

1. The Claim was filed on 17 May 2021. By May 2022 the Claim had not been served on the Attorney General who had been named as Fourth Defendant.
2. On 10 May 2021 the Claimant was ordered to serve the Attorney General by 20 May 2022 as it was not known whether the Claimants had served the Commissioner of Forests directly rather than the office of the Attorney General.
3. The case was called for mention on 1 July 2022. There was no appearance for the Claimants. The case was adjourned for mention on 22 July 2022 then then again on 5 August 2022 but no appearance was made on behalf of the Claimants.
4. On 2 September 2022 at a further mention, the Court was advised that there may be a resolution so the case was adjourned to 7 October 2022.
5. By 17 March 2023 the Claimant had taken no further steps and failed to appear at the mention that day. The Court adjourned for a further mention on 24 March 2023 but again there was no appearance for the Claimant. The Court noted the non-appearance and adjourned to 6 April 2023 for mention to allow the Claimant to address the Court on any reason why the Claim should not be struck out.
6. On 6 April 2023 there was no appearance for the Claimant nor for the First, Second and Third Defendants. The Claim was struck out against the Fourth Defendant and the Claimant was ordered to pay the costs of the Fourth Defendant.
7. The case was called again on 23 June 2023. Again there was no appearance for the Claimant and the Court made an order that unless there is an appearance at the mention on 14 July 2023 the Claim will be struck out.
8. Counsel for both parties appeared on 11 August 2023 but counsel for the Claimant was without instructions. A further order was made that unless instructions are provided to Counsel for the Claimant before 30 August 2023 the case may be struck out on 1 September being the next mention date.
9. On 1 September counsel appeared but had received no instructions from the Claimant, Counsel did not know what the problem was. A final mention was set for 3:00pm on 22 September 2022. On that date there was no appearance of either counsel. The Claim is therefore struck out.
10. The Claimant is to pay the costs of the Defendants on the standard basis.

By the Court
Hon. Justice Howard Lawry
Puisne Judge