Osia v Maesua [1990] SBHC 65; HC-CC 115 of 1990 (12 November 1990)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 115 of 1990

SARAHLYN OSIA

-v-

MOSES MAESUA

High Court of Solomon Islands
(Ward C.J.)

Hearing: 8 November 1990
Judgment: 12 November 1990

A. Radclyffe for the Applicant/Petitioner
P. Watts for the Respondent

WARD CJ: The parties were granted a decree nisi on 24th August 1990 and the question of the house was adjourned to chambers.

On that date the court ordered an injunction restraining the respondent from disposing of the property and affidavits were ordered.

The house was built by the respondent in 1977 partly with the help of two of the petitioner's cousins.

In 1986 it was burned down and the insurance monies were used to pay off the mortgage and partially rebuild the house.

Since early this year, the petitioner has lived in the house and she is concerned that the respondent intends to sell it. The respondent denies this and says he only wishes to use it as security for a mortgage so he can build another house.

Various solutions have been suggested which I have considered. However, I feel the proper order is that the house be registered in the joint names of the petitioner and respondent. The petitioner shall have the right to live there until the younger son Elton Moses reaches the age of 16 years. At that time, the parties may sell the house by joint agreement or come to the Court to seek further order.

(F.G.R. Ward)
CHIEF JUSTICE