Leong v The Ship "Ufi Na Tasi" [1999] SBHC 24; HC-CC 097 of 1999 (22 March 1999)

HIGH COURT OF SOLOMON ISLANDS

HC-CC No. 097 of 1999

COLLIN LEONG & Pmp; PHILIP GOVER

-v-

THE SHIP "UFI NA TASI"

Court of Solomon Islands
(LUNGOLE-AWICH, J)
br> Civil Case No. 097 of 1999

Hearing: 22/3/1999
Judgment: 22/3/1999

p>

class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> Mr J Katahanas for the plaintiffs/applicants

RULING

(LUNGOLE-AWICH, J): The affidavit of Mr Colin Leong and the annexure exhibits do establish a prima facie case that there was a contract of sale of the defendant ship, the Ufi Na Tasi between Somma, the vendor and the plaintiffs and that the plaintiffs took delivery of the ship. It appears that Somma subsequently got possession by a business transaction arrangement, but does not now wish to return the ship to the plaintiffs. Somma will, of course, have to present its case before final determination can be made. For now the evidence made available by the plaintiffs, to support their action in rem, establishes a case for the arrest of the ship by the Admiralty Marshall/the Sheriff in this court, until a near date when the court will hear the application inter partes. The plaintiffs have given written undertaking as to damages, and have agreed to pay the costs of arrest and maintenance of the ship. I grant the application for the arrest of the ship and the other relevant orders in the draft order.

Deliven the 22 March 1999

At Chambers
Honiara

Sam Lungole-Awich

Judge