Kidoe v Kalena Timber Company Ltd [2006] SBCA 24; CA-CAC 29 of 2005 (16 March 2006)

COURT OF APPEAL OF SOLOMON ISLANDS

Civil Appeal Case No. 29 of 2005

EDDIE MAENA KIDOE
AND OTHERS

V

KALENA TIMBER COMPANY LTD
AND OTHERS

Date of Hearing: 27 February 2006
Date of Ruling: 16 March 2006

A.N. Tongarutu (Mrs.) for the Applicants
G. Suri for the Respondents

Palmer CJ.: This is an application for extension of time to file application for leave to appeal against the Judgement and Orders of the Court dated 3rd October 2005 before me sitting as a single judge of the Court of Appeal. Mrs. Tongarutu submits that she needed to take further instructions to enable her to file application for leave from her clients but that could not be obtained in time. She gave reason for the delay as the difficulty in taking instructions readily from her clients who reside outside of Honiara in the Provinces.

Mr. Suri objected application on the grounds that the rules do not permit such application. Section 19 of the Court of Appeal Act at paragraph (b) however expressly gives power to the court "to extend the time within which a notice of appeal or an application for leave to appeal may be given ...." This is not a leave application where substantial issues whether leave should be granted or not may be considered. That will come at the appropriate time. This is merely a procedural question where Applicant needs to satisfy me on the reasons for the delay. Although I find it somewhat unusual that instructions should be needed for a leave application especially when appeal matters are normally confined to matters of law, the benefit of the doubt will be extended to the Applicants to enable them file application for leave. I grant extension of time.

ORDERS OF THE COURT:

(i) Grant extension of time to file application for leave to appeal.

(ii) Reserve costs.

Sir Albert R. Palmer
Sitting as Single Judge of the Court of Appeal.