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Dere v Gua [2020] SBLC 1; Land Case 09 of 2018 (16 July 2020)

IN THE MALAITALOCAL COURT

EASTERN DISTRICT

SOLOMON ISLAND

LC CASE NO: 09/2018

IN THE MATTER OF: BINAIANO/ TOLOABU LAND

BETWEEN: JOHN DERE PLAINTIFF

AND: WILLIAM GUA DEFENDANT

Date of Hearing: 15^th July 2020.

RULINGS ON PRELIMINARY ISSUES.

Introduction

On 25^th of May 2018, the plaintiff Mr John Dere filed this case with the Malaita local court with an Accepted Settlement Form. While this case is still pending with the Local Court, the same case with the same parties also proceeded with this aforementioned land case in the High Court.

On 6^th of May 2019, the High Court of the Solomon Island gave its ruling, and ordered, that this matter to be referred to the Malaita Local Court for determination on the issues relating to the ownership, correct boundaries and correct names of the following customary lands Aenabina, Binaiano, Uoninime, and Toloabu.

After the order of the High Court was issued to referred the matters back to the Malaita Local Court, the other party of the case with his/her lawyer make an Application for Leave under Rule 9(1) of the Court of Appeal Rules 1983. The case is appeared as case no: 21 of 2019.

Issue.

Whether the Local Court will determine this case according to the order of the High Court.

Plaintiff’s case.

Based on the order from the High Court, the plaintiff fully agreed that this case must be determined by the Local Court according to the Order 1 of the High Court Which stated: The matters related to the ownership, correct boundaries and correct names of the following lands, Anebina, Binaiano, Uoninime and Toloabu to be referred to the Malaita Local Court for determination.

The Plaintiff’s main intention is for him to prove his ownership over the Land called Toloabu Land which he inherited from his Ancestor.

Defendant’s Case.

The defendant’s intention, is for the Malaita Local Court to dismiss this case, he mentioned to the court that he has the decision of this land for 58 years, starting from the Native court case no: 2 0f 65. On the decision of the Native Court it affirmed that Fagea won the case, J.Dere should not use the Land of Toloabu any more, unless he gets permission from P. Fagea. With that J.dere appeal the Native court’s decision to the High Court, as the result the High Court gave him the alternative result of Ownership. The other reason of his request of dismissal is that, the proceeding of this case in the higher court are still on process, that they had appeal against the High Court decision on 6^th of May 2019 to the Court of appeal, as case no 21 of 2019.

Court’s analysis.

The Local Court examined the plaintiff and the defendant by questioning them whether the customary land in dispute is currently a matter to be determined at the Court of Appeal, both the plaintiff and the defendant confirmed in the affirmative.

Given that the land in dispute is yet to be determined at the Court of Appeal, this panel then asks, would it be safe to determine the same land in dispute at this Local Court? To answer that question, this court is a lower court to the Court of Appeal. How could this court decide on a matter that is yet to be determined by a Higher Court, let alone, the highest court of the country. It will be grossly wrong to overstep the Court of Appeal and decide on the land in dispute. Jurisdictionally, we are a very low court and must let the Court of Appeal decide on the matter first. Equally important, it is an abuse of process if we determine the matter now. The process is to judicially await for the Court of Appeal to deal with the matter. At this point, we cannot risk any wastage of effort, and resources.

Thus, a temporary stay of the proceeding pending the outcome of the Court of Appeal on the land in dispute is appropriately necessary for this case. This what we decide is the course for this case.

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Order

1. The Local Court proceeding is temporarily stayed pending the Court of Appeal of 21 of 2019.
2. Parties bear their own cost.
3. Order accordingly.
   

Date Signed: 16-07-2020

President: Nelson Ne’e

Member: Camilius Torikeni.

Member: Edmond Maumeu.

Clerk: Wesley Ramo