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SMM Solomon Ltd v Attorney General [2011] SBHC 195; HCSI-CC 258 of 2011 (21 July 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Claim Number 258 of 2011

ORDER
(RULE 17.3)

Messrs. Sol-Law, Barristers, Solicitors and Notaries
HONIARA

BETWEEN:

SMM SOLOMON LIMITED
First Claimant

AND:

ALFRED JOLO (representing the trustees and
members of the Anika Thai clan)
Second Claimant

AND:

MARTIN TANGO (representing the trustees and
members of the Thavia clan)
Third Claimant

AND:

JAMES UGURA (representing the trustees and
members of the Vihuvanagi tribe)
Fourth Claimant

AND:

BEN SALUSU (representing the trustees and
members of the Vihuvunagi tribe in respect of the
Chogea and Beajong land areas within Takata)
Fifth Claimant

AND:

MAFA PAGU (representing the trustees and
members of the Thogokama tribe)
Sixth Claimant

AND:

PAUL FOTAMANA (representing the trustees and
members of the Veronica Lona clan)
Seventh Claimant

AND:

THE ATTORNEY GENERAL (representing the Minerals Board)
First Defendant

AND:

THE ATTORNEY GENERAL (representing the Minister
for Mines, Energy and Rural Electrification)
Second Defendant

AND:

THE COMMISSIONER OF LANDS
Third Defendant

AND:

THE REGISTRAR OF TITLES
Fourth Defendant

AND:

PACIFIC INVESTMENT AND DEVELOPMENT LIMITED
Fifth Defendant

AND:

AXIOM KB LIMITED
Sixth Defendant

AND:

ROBERT MALO, FRANCIS SELO, LEONARD BAVA,
REV. WILSON MAPURU AND ELLIOT CORTEZ
Seventh Defendants

Date of order: 21 July 2011
Judge: The Honourable Mr. Justice Chetwynd

UPON HEARING Mr Sullivan of Queen's Counsel with him Mr. Lepe of Counsel for the Claimants, the Solicitor General for the First to Fourth Defendants, Mr Pitakaka of Counsel for the Sixth Defendant and Mr Hapa of Counsel for the Seventh Defendants, and there being no appearance by the Fifth Defendant.

AND UPON READING the Claim, Application, Undertaking as to Damages and Certificate of Urgency all filed on 15 July 2011 and the Sworn Statements of Yoritoshi Ochi, Ben Salusu and James Ugura all filed on 18 July 2011.

AND UPON THE SIXTH DEFENDANT BY ITS COUNSEL UNDERTAKING not, by itself, its servants, agents or invitees (including any associated company) to -

(a) enter -

(i) Takata (the area outlined in solid red on exhibit YO-2); or

(ii) any part of the land covered by the First Claimant's prospecting licence No. PL 48/07,

for the purpose of conducting any reconnaissance, prospecting or mining for any minerals whatsoever or any activity ancillary thereto, including without limitation prospecting by way of drilling;

(b) pursue any negotiations or sign any agreement whatsoever for surface access rights over the areas of South San Jorge and Takata covered by the Sixth Defendant's letter of intent issued on or about 12 April 2011, whether such negotiations are held or such signing is done within such lands or elsewhere including Honiara;

(c) approach any of the Second to Seventh Claimants' or the tribes and clans they represent with the purpose of inducing them to withdraw from the Claim or proceedings;

such undertaking to be continued until the determination of the application for injunctive relief.

IT IS ORDERED:-

1. The Defendants file and serve any sworn statements in response to the application by 15 August 2011.

2. The application be adjourned to 18 August 2001.

3. Liberty to apply on 3 days written notice.

4. Costs in the cause.

Perfected, signed and sealed this 22^nd day of July 2011.

BY THE COURT

Hon. D. Chetwynd J., Puisne Justice