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Siamakana v Taqolo [1998] SBHC 105; HCSI-CC 219 of 1997 (4 August 1998)

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 219 of 1997

SAMSON SIAMAKANA

-v-

WONDING TAQOLO & OTHERS

High Court of Solomon Islands
(Palmer J.)

Hearing: 4th August 1998
Judgment: 4th August 1998

D. Hou for the Applicant
Respondents in persons

PALMER J: This is an application by Notice of Motion for the issue of a Writ of Attachment for committal of the Respondents including other members of their tribe, servants or agents as submitted in a list marked Exhibit 1. The list totals 12 persons.

The contempt action relates to an order of this Court dated 16th August, 1994. That order named three of the current Respondents; Wonding Tagolo, Koli Tagolo and Hilison Joshua, but also included members of the Toromeji tribe, relatives, servants or agents.

Ownership of Sasalo Land was finally determined between Siamakana and Tagolo in the Choiseul Local Court Land Case No. 1 of 1961. The boundaries were clearly demarcated in that decision.

The Respondents were represented at the hearing in August 1994 when the Order of this Court were issued and so are deemed to be fully aware of that order.

The Applicant however took the added precaution of serving fresh copies of the Order on the Respondents (see certificates of service filed which provides proof of service - done by the Police). This was confirmed served on 10th July 1997.

Copies of the hearing notice and other related documents were served on the 11th June, 1998. No appearance has been entered by the Respondent.

A number of affidavits were relied on by the Applicant in support of the application. The main affidavit is that of Lizie Samson Siamakana filed 27/11/97. Lizie Siamakana has given oral evidence confirming the matters in his affidavit and tendering a list of the names of persons that had breached the orders of the Court.

Other affidavits relied on were:

(1) Affidavit of Hemitny Pidiri filed 2nd March, 1998;

(2) Affidavit of Lee Soro filed 18 May 1998;

(3) Affidavit of Mathias Gaki filed 2nd March, 1998;

(4) Further affidavit of Lizie Siamakana filed 12 September, 1997.

When all the evidence, documents filed in this action and the submissions of learned Counsel, Mr. Hou are taken into account, I am satisfied that a Writ of Attachment shall issue against the four Respondents for committal to Prison for contempt of Court. (Note the Four Respondents are to be arrested and brought to Court to answer the charges alleged against them). Costs granted in favour of the Applicants.

A. R. PALMER
JUDGE