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Zio v Sakiri [2009] SBLC 5; Vella la Vella Ghorena Local Court Land Case 3 of 2002 (13 August 2009)

IN THE VELLA LA VELLA
GHORENA LOCAL COURT
Civil Jurisdiction

Land Case No: 03 of 2002

IN THE MATTER OF:
Ownership of Koroga and Kazukuru Right Hand Land
Boundary Dispute.

RULING

There are two points of objection raised by the Plaintiff seeking the courts view to declare accordingly; one is to remit case back to the chiefs Committee to determine; and the other is objecting the current Court Clerk not to sit over this particular case.

1. Remission of the Case to the Chiefs

The inclusion of the Voramali Party, requesting to be plaintiffs in this case and who were not included in the Accepted Settlement Form II signed by the two parties above, should allow this case to be remitted back to the Chiefs level.

2. Objection of the Court Clerk

This objection was raised, purposely, to aware the court that the relationship of the plaintiff and the clerk is as close as the witness of the defendant Mr. Isaac Molia. The objection is accordingly allowed.

Therefore it is ordered that;

Case remitted back to a proper Chief Hearing.

The Court Clerk is not allowed to sit in any future proceeding of this case.

Dated this 13th day of August 2009.

Seth Luaboe (President)
Walter Semepitu (Vice President)
Edmund Ale (J/Member)
Francis M Molia (Court Clerk)