Korea Enterprises Ltd v Commissioner of Lands [1998] SBHC 143; HCSI-CC 170 of 1997 (24 March 1998)

CC 170 97 HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 170 of 1997

KOREA ENTERPRISES LIMITED AND COMMISSIONER OF LANDS AND REGISTRAR OF TITLES AND CANNAY LEE

High Court of Solomon Islands
(Palmer J.)

Civil Case No. 170 of 1997

Hearing: 24th March, 1998
Ruling: 24th March, 1998

A. Radclyffe for the Plaintiff
Commissioner of Lands - no appearance
Registrar of Titles - no appearance
S. Patrick for Third Defendant

PALMER J: Having heard Mr. Radclyffe of Counsel for the Plaintiff, Mr. Patrick of Counsel for the Third Defendant, and having read the Originating Summons filed on 22nd July, 1998, the affidavit of Kim Durk Kee filed on same date, the affidavit of Cannay Lee filed 23rd March, 1998, the letter of Mr. Pelu (Deputy Registrar of Titles) and attached documents, the file from the Commissioner of Lands containing uncertified copies of documents, and it becoming clear to this Court that original copies together with other documents referred to and in the custody of the Commissioner of Lands have not been filed, and as a result of which this case at considerable expense to the Plaintiff and Third Defendant cannot proceed today, it is accordingly ORDERED as follows:

ORDERS OF THE COURT:

1. THAT the Commissioner of Lands and the Deputy Registrar of Titles each and separately file an Affidavit of List of Documents in their custody in respect of this matter within 14 days of date of this order.

1.2. FURTHER, that the Commissioner of Lands bring originals of those documents in his custody to Court on the next hearing date.

2. THAT the Commissioner of Lands and Registrar of Titles be required to attend Court on the next hearing date and to be cross-examined on their Affidavits of List of Documents and related matters; notice having been given to this Court by the Plaintiff and Third Defendant for that purpose.

3. COSTS of the Plaintiff and Third Defendant to date shall be borne by the Commissioner of Lands.

4. NEXT hearing date fixed for 13th May, 1998 at 9.30 a.m. (time estimate 1 day).

DATED THIS 24TH DAY OF MARCH, 1998.

ALBERT R. PALMER
THE COURT.