Carmel v Satya [1996] SBHC 47; HC-CC 179 of 1996 (19 September 1996)

p align="center" ter" style="margin-top: 1; margin-bottom: 1">HIGH COURT OF SOLOMON ISLANDS

p align="center" style="margin-top: 1; margin-bottom: 1">Civil Case No. 179 of 1996

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ANTHONY CARMEL

ign="center" styl styl style="margin-top: 1; margin-bottom: 1"> v

NARAYAN SATYA

yle="margin-top: 1op: 1; margin-bottom: 1">Before: Awi: Awich, J

Hearing: 19 September 1996

Counsel: A Nori for the Plaintiff;

A Radclyffe for t Defendant

RULg>RULING

AWICH, J:

Leave is not required, this being an interlocutory judgment, but in which injunction was decided upon, in this case refused. Plaintiff may appeal. It is advised that the substantive case be pursued with speed.

Application for order that rental arrears now held in trust by plaintiffs solicitor, be paid to defendant is granted and it is ordered that rental arrears now in trust be paid by plaintiffs solicitor to solicitor for defendant to hold in trust and may pay to defendant. The sum representing tax due from the rentals be withheld by plaintiffs solicitor who shall pay the withheld tax to the relevant tax authority.

The application for summary judgment is refused. The facts of the case treadles through several months and into years. Upon testifying in court the contested facts might turn out clearer. The case is not hopeless.

The court sees no reason why defendant should be denied entry to his premises for purposes of inspection. Plaintiff admits that defendant is lessor, although adding that defendant intended to sell, which even by his case is not yet concluded. It is ordered that defendant may enter premises upon giving of 4 days notice or of such lesser period as parties may agree, for purposes of inspection in the normal way lessor is entitled to. Defendant may seek assistance from the police.

this Thur Thursday the 19th day of September 1996.

Sam Lungole-Awich
Judge

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