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Solomon Islands - Index to Solomon Islands Law Reports - 1982 THE SOLOMON ISLANDS LAW REPORTS
19821982 S.I.L.R.
Published by authority of the High Court of Solomon Islands
Index of Cases Reported
Page B v B 5
P and Another v R 38a
Balou v Kokosi 94
Buchanan v Wilikai 123
Buga v Ganifiri 119
Chan Wing Motors Ltd, Mahabir v 19
D, In re 85
Fugui & Another v Solmac Construction Ltd. & Other 100
Ganifiri, Buga v 119
Hahe v Melzear 1
Hano v Toliole 58
Houanihou, Sukutaona v. 12
Idufo'oa v R 55
Ipao v R 128
Kikiolo, Seselono v 15
Kokosi, Balou v 94
Lo, Tang v (No. 1) 41
Lo, Tang v (No. 2) 78
Luna, Seijama v 25
M v S 137
Maeaniani v Saemala 70
Mahabir v Chan Wing Motors 19
Melzear, Hahe v 1
R, B and another v 38a
R, Idufo'oa v 55
R, Ipao v 128
R, Sau v 65
S, M v 137
Saemala, Maeaniani v 70
Sau v R 65
Seijama v Luna 25
Seselono v Kikiolo 15
Solmac Construction Co. Ltd 7 Others, Fugui & Another v 100
Solomon Islands Plantation Ltd., Sukumia v 142
Sukumia v Solomon Islands Plantations Ltd. 142
Sukutaona v Houanihou 12
T v T and A 50
Tang v Lo (No. 1) 41
Tang v Lo (No. 2) 78
Toliole, Hano v 58
Wilikai, Bychanan v 127
INDEX
A
Acquisition Meaning of, in Constitution
100
Proceedings,
effect of
58
Observation by acquisition officer in
58
"right", to be acquired, meaning of
100
Statute, not under
100
Advocate Public Solicitors officer, officers act individually
41
Affiliation Proceedings
Order for maintenance in, means of parties to be considered
133
Paternity order in, evidence before
133
Agency Constructive agency
88
Proof, burden on person asserting
88
Ratification of
88
Appeal Civil Case, new evidence on
142
Court of Appeal, application of proviso in criminal case by
128
High Court to,
from Customary Land Appeal Court15
119
In custody cases
137
Proviso on
128
C
Child (Custody of, See Custody)
jurisdiction in relation to
50
"Child of Marriage", meaning of
50
Paternity order, procedure for
133
Citizen Solomon Islands of, meaning in Employment Act 1981
19
Commissioner of Labour Hearing for purposes of long service benefit procedure
19
Constitution "acquisition" meaning of in S. 8(1)
100
Citizen of Solomon Islands, under
16 (19)
Compensation, declaration of rights to
25
Custom law as part of Solomon Islands, under
94
High Court, jurisdiction of, not ousted in constitutional matters by statute
100
"property" meaning of in S.8(1)
100
Contract Agency in (see Agency)
88
Non est factum as defence to
70
Partnership, determination of
123
Sale of land, proof of
78
Criminal Case Alibi, burden of proof
128
Court forming view of accused at early stage
65
Judgment in
65
Misdirection, effect of
128
Custody Child of
Appeal to High Court, considerations applying to
137
Applicability of custom in
12
"child of marriage", meaning of
50
Interim
Interim order
85
Order by foreign court, whether to be followed
85
Paramount consideration
85
Social Welfare report, essential to case
12
Custom (See also Customary Land)
Custody cases, applicable in
12
Marriage in custom, whether valid in law
94
Proof of
12
Rights in custom, whether "property"
100
"Tribal Chief" meaning of in North New Georgia Timber Corporation Act
25
Customary land Appeal Court, appeal against, time for
15
Appeal Court, form of judgment of
119
Jurisdiction of High Court on appeal
119
Jurisdiction, Constitutional over
100
Malaita, principles of ownership in
119
Rights over, whether property
100
Customary Land Appeal Courts See Customary Land
D
Damages Appeal against quantum, consideration on
142
Assessment of, comparison with other cases on
142
Broken leg, amount for
142
Divorce (See also Custody Child & Marriage)
Condonation, elements of
9
Discretion statement, contents of
1
Discretion of court, exercise of
1
Principles for exercise
5
Driving Without due care and attention, test for
55
E
Employment Long service benefits, entitlement to
19
Estoppel Res judicata by, in relation to child of marriage
50
Evidence Affidavit by, when appropriate in civil action
41
Appeal, new evidence on, in civil case
142
Agency, of
88
Interpretation of
12
Letters of request, issuance of
41
Magistrate forming view of accused at early stage
65
Maintenance order in affiliation case, required
133
Paternity order, evidence required
133
F
Foreign Court Order of, in custody case
85
H
High Court (See also Practice)
Appeal from Customary land Appeal Court
Time for
15
Jurisdiction in
119
Appeal in custody case, considerations applying to
137
Appeal in civil case, new evidence on
142
Constitutional jurisdiction of, whether ousted by statute
100
I
Interpretation Evidence of
12
"Married Woman"
94
Statute of
19
L
(See Customary Land Registered Land) Licence Logging for, effect of
100
M
Magistrate Court Judgment in, can be short followed by reasons
65
Affiliation proceeding in, procedure
133
Marriage Child of, custody (See Custody) Custom marriage, whether valid in law
94
Motor Vehicle Driving without due care and attention, test of
55
N
Non Est Factum Applicability in contract in Solomon Islands
70
North New Georgia Timber Corporation "Area", meaning of
25
Distribution by, right to receive
25
P
Partnership Determination of
123
Dissolution of, rights after
123
Notice to determine
123
Pleadings Must allege document inadequate in law
78
Practice (See also Appeal, High Court, Magistrates Procedure)
Custody, child of, case to be heard on merits
If foreign order
85
Welfare report, who should see copy
85
Commissioner of labour, hearing before
19
Divorce, estopped by failure to take point
50
Pleading, failure to allege document inadequate in law effect of
78
Proviso, application of, by court of appeal
128
Welfare report, who should see copy 137
Prison Juvenile offenders, to be kept separate from adults
38a
Procedure (See also Practice)
Affiliation case in
133
Commissioner of Labour, hearing before
19
Criminal Case, judgment in
65
Custody case in, where order of foreign court
85
R
Ratification Agency of
Registered Land Acquisition proceedings, observation of acquisition officer
59
Rights over extinguished by delay
59
Overriding interest in
78
S
Sentence Consecutive or concurrent, one transaction test
65
Juvenile Offenders, custodial sentence for
38a
Statutes Acquisition of land under
100
Interpretation of
19
Whether can oust jurisdiction of High Court under jurisdiction
100
T
Timber Logging of, licence for, effect of
100
Trial Criminal, judgment in
65
Magistrate forming view of accused in
65
W
Welfare Report Who should see copy
137
