Solomon Law Reports

application to strike out claim – to strike out a claim based on the claim having no cause of action the judge must assume the claim to be proved – whether claimant has standing to bring action – whether claim has cause of action – claimant alleging unlawful entry and unlawful logging activities by defendant on claimant’s customary land – decisions of chiefs hearing and local court in favour of defendant – claimant disputing defendant is owner of customary land – dispute over ownership of land subject of claim currently pending before Customary Land Appeal Court – unless determined that claimant does not own or has no rights to the customary land it cannot be said that claimant has no standing to bring action – as claim premised on trespass claim raises triable issues