The case concerned an application for dismissal or stay of proceedings. The claimants, Representing themselves as the customary owners of vilavila/dikadika portion of barihi customary land in Roviana, Western Province, claimed to own a land damaged by an oil spill from two abandoned boats left on their land by the defendants. They meant that both the coastal and sea area had been subject to environmental harm.

The defendants argued that the claim was frivolous and vexation and disclosed no reasonable cause of action. They therefore sought the dismissal of the proceedings on the ground that the Court lacked jurisdiction to determine customary land ownership.

The Court established that the defendants had entered the land lawfully under two agreements, thus the case did not concern trespassing. The Chieftaincy had without doubt invited the defendants to trespass and the Court then had to question if there could be a right to litigate negligent behaviour by the defendants. There was no evidence of the claimants being the rightful persons to file proceedings through delegation of powers or similar. However, there was evidence of support for the claimants.

The Court then agreed that it had no jurisdiction to deal with ownership issues of a customary land. Nevertheless, it recognised that there was inconsistency regarding the views regarding the claimants, and it did not this that this should be relied on to dismiss the proceedings.

Second, the defendants meant that the claim of the claimants was statute bar. The vessels were abandoned in 2006 and the defendants meant that there had in fact been no oil spill. Yet there was evidence of an oil spill in 2013 when the vessels also were confirmed to have sunk. Thus the Court denied the claim to stay or dismiss the proceedings. It was concluded that there were good legal bases presented by the claimants.