Kagabule v Allardyce Lumber Company Ltd [1997] SBHC 6; HC-CC 308 of 1996 (6 March 1997)

HIGH COURT OF THE SOLOMON ISLANDS

Civil Case No: 308 of 1996

ter">MANASSEH KAGABULE

v

ALLARDYCE LUMBER COMPANY

e: LUNGOLENGOLE-AWICH, J

Hearing: 6th March, 1997 - Ruling: 6th March, 1997

Counsel: C Ashley for the Plaintiff - T Kama for the Plaintiff

RULINGG

LUNGOLE-AWICH, J:

I have had quick reading of Order 29 which deals with default in filing defence. It does not state how the time limited for filing defence is computed. However, a format of specially endorsed writ of summons, Form No 2 in Appendix A, states that defence be filed within 14 days from the last day of the time limited for appearance. In this case that means within 28 days from the day the writ of summons was served. The 14.11.1996 was said to be the day service was effected. The writ of summons gave up to 14 days from service, for the defendant to enter appearance. So further 14 days were available for filing or delivering defence. Service of writ of summons having been effected on 14.11.1996, default judgment entered on 11.12.1996 was entered 27 days after service and 13 days after the time limited for entering appearance It is therefore irregular. I set it aside.

I would also set aside the default judgment based on the merit of the case. The defendant contended that assessment or counting of the logs has been erroneous. They raised that issue earlier with the plaintiff and the number recounted dropped from 114 to 38. They still say the 38 is erroneous. One cannot dismiss that defence easily without recourse to evidence and that is where I find substance in the defence.

Costs are reserved in the circumstances

Dated this 6th day of March 1997

At the High Court, Honiara

Sam Lungole-Awich,
Judge