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Boselalu v Zirunagona Land Owning Group Ltd, HCSI-CC 276 of 2022 (2 September 2022)
injunction – inter partes hearing on whether to set aside or vary or maintain injunction orders made ex parte – whether there is a serious question to be tried – whether damages an adequate remedy – what is the balance of convenience
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Xhu Mindi v Attorney General, HCSI-CC 127 of 2019 (4 July 2022)
judicial review – preliminary issue of law – resumption of land – where Commissioner of Lands issued notice to resume land pursuant to clause 3 of grant instrument for public purpose – whether resumption contrary to section 71(1) of the Land and Titles Act and section 8 of the Constitution – Anthony Chee Ming Wong…
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Gaso Land Development Co-operative Ltd v Riupita, HCSI-CC 498 of 2018 (18 November 2022)
equitable interest over registered land – whether defendant held equitable interest over land and entitled to damages for trespass by claimant – where Commissioner of Lands had offered grant of fixed term estate in parcel to defendant – where defendant had paid the premium for the grant – payment of premium is acceptance of offer…
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Ganea v Maera, HCSI-CC 230 of 2022 (17 November 2022)
application for leave to file defence out of time – where claim was not served on defendant – where defendant had filed a draft defence 3 months out of time – not undue delay
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Zinihite v Solomon Islands Ports Authority, HCSI-CC 453 of 2017 (25 November 2022)
application for leave to file third party notice – where claimants seeking damages for trespass by defendant on their customary land – where claimants are the customary landowners – where defendant’s trespass may have been based on reliance on third party who was not the customary landowner – where claimant had obtained default judgment against…
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Theo v Tuki, HCSI-CC 353 of 2019 (9 September 2022)
application for joinder – controller of customs and minister and director of environment seeking to be joined as parties to the proceedings – where court had made previous order that claimant be permitted to sell and export illegally felled tubi trees to avoid wastage – where controller of customs seized tubi trees illegally felled preventing…
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Theo v Tuki, HCSI-CC 353 of 2019 (30 May 2022)
application for order to sell and export logs – where claimants are owners of customary land – where defendants hold felling license to log trees on claimants’ customary land – where defendants felled tubi trees in breach of felling license – where defendants subject to court order restraining them from felling or exporting tubi trees…
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Kuo Fung Chi v Emily Kuo Fung Li, HCSI-CC 50 of 2019 (26 May 2022)
application for declaratory orders – where there is no substantive claim before the court – where claim for rectification of title to land struck out for want of prosecution – where claimant in possession of land – where defendant is registered owner of land – where defendant did not make counterclaim – where defendant’s claim…
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In re Estate of Kenny Tuapa Spillius (Waleanisia-Spillius v Spillius) (Probate), HCSI-CC 60 of 2022 (23 September 2022)
probate – letters of administration – application for letters of administration by deceased’s wife – objection by deceased’s children from deceased’s previous marriage – objectors alleged that the applicant would not administer deceased’s estate to thier benefit due to broken relationship between applicant and objectors – broken relationship is not special circumstance that justifies change…
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HHD Development Limited v Natei, HCSI-CC 189 of 2017 (23 September 2022)
summary judgment – preliminary issue of law – whether defendants have acquired ownership interest over registered land from adverse possession – defendants occupied registered land for at least 12 years prior to claimant becoming registered owner of the registered land after purchasing it from the previous registered owner – previous registered owner commenced proceedings against…