Home | Databases | WorldLII | Search | Feedback Journal of South Pacific Law

John To'ofilu v Oimae, Unreported, High Court of Solomon Islands CAC 5 of 1996, 19 June 1997 (Case Note) [1999] JSPL 14; (1999) 3 Journal of South Pacific Law

Case Note 4 of Volume 3, 1999

JOHN TO’OFILU v OIMAE¹

Unreported,
High Court, Solomon Islands, CAC 5/96, 19 June 1997.

 Facts:

The plaintiff’s son entered into a customary marriage with the defendant’s daughter. Bride price of SBD1,000 and six tafuliae (shell money) was paid according to customary practice. After living with the plaintiff’s family for one month the defendant’s daughter returned home. A short time afterwards she gave birth to an illegitimate child. The defendant had known that his daughter was pregnant by another man at the time of the bride price negotiations.

Claim:

The plaintiff claimed compensation in a sum equivalent to the whole of the bride price in the local court. This claim was based on the defendant’s breach of his customary duty to disclose his daughter’s pregnancy by another man during negotiations as to the amount of the bride price.

Outcome in the Local Court:

The defendant having admitted the breach of customary duty and indirectly conceded quantum by making no substantial submissions on point, the refund of the full bride price and expenses was ordered.

Grounds of Appeal to the Magistrates Court:

The defendant appealed from the decision on quantum on the grounds that, inter alia:

1. The person who had negotiated the bride price had not given evidence in the local court.
2. The local court had refused to allow the defendant to call his witnesses.
3. The court took into account irrelevant evidence concerning compensation of five tafuliae paid by a married man, who had taken the defendant’s daughter’s virginity.
4. The acceptance of the bride price formed the basis of a marriage in custom. If it had not been paid the defendant would not have allowed his daughter to leave his house and marry the plaintiff’s son.
5. The defendant’s daughter did not run away, but was turned out by her husband after they had lived together for one and a half months.

Outcome in the Magistrates Court

The appeal was successful in part. The Local Court’s decision was set aside and the defendant was ordered to refund half the bride price to the respondent and costs of the appeal, but no expenses.

Grounds of Appeal to the High Court

The plaintiff appealed on the grounds that the principal magistrate had taken into account matters that were irrelevant in customary law. In particular, the following part of the Magistrate’s judgment was objected to: