(LUNGOLE-AWICH, J):
The application before court is by the amended summons dated 22.4.1998,
filed the same day, in which the plaintiffs have
asked for order to allow
them to sell the logs on Lagwaeano/Siubongi customary land on Malaria. On
25.8.1997 I granted
the application of the plaintiffs for injunction
restraining the defendants from continuing with logging operations. I then
granted permission for the defendants to sell all logs already felled so as
to save the logs from waste. It is now 10
months, the defendants have not
been able to sell the logs. Since then parties have had at least 2
interlocutory applications
before Palmer J. who understandably observed that
the applications should have been listed before me, the judge who made the
first interlocutory order.
It appears that one of the applications before PalmePalmer J was to set aside my
judgment and orders I had made on 25.8.1997.
Not surprising, Palmer J
refused the application in his judgment dated 6.4.1998. I have been informed
that on another
occasion, Palmer J gave the defendants 60 more days to
complete selling the logs, but unto now, more than 90 days after, they
have
not sold any of the logs. The plaintiffs now have applied for order to sell
because the defendants have failed to
do so. The plaintiff's reason is that
the value of the logs are going down.
<
The defendants have noen after adjournment, filedfiled affidavit explaining
their failure to sell the logs in unto 10
months. An affidavit of someone
engaged by the defendants to carry out the sales was not admitted as it
seemed not to
have been authorised by the defendants.
I am left wione sided case. I grant the application of the plaintiffs, ffs,
authorising them to sell the already felled
logs now in the bush or log
pond. The proceeds are to be paid into joint trust accounts of the
solicitors for plaintiffs
and defendants. Costs of the sale and associated
operations are to be agreed by parties. The sale prices are not to be lower
than $140 for vitex wood, quoted by the applicants. The price for the other
woods is to be discussed by parties and the
buyers. The order to sell will
last for 90 (ninety) days only. The injunction order of 25.8.97 remains in
force except
where inconsistent with this order. Plaintiffs may ask for help
from the police. Costs will be in the cause of the main action.
Plaintiffs
to report to Registrar in 30 days, the progress of the substantive case.
Unless there will have been significant
progress in the substantive case in
the next four months, the interlocutory order for injunction will be
discharged.
Registrar to list the case not later than 40 days from today for
review of progress.
Dated this 18th day of May 1998
Lungole-Awich
JUDG JUDGE
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