Home Finance Corporation of Solomon Islands v Kaula [1999] SBHC 27; HC-CC 112 of 1995 (23 March 1999)

COURT OF SOLOMON ISLANDS

Civil Case No. 112 of 1995

HOME FINANCE CORPORATION OF S OF SOLOMON ISLANDS

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v

NORMAN KAULA

High Court of Solomon Islands
ungole-Awich, J)
Civil Case No. 112 of 1995

p class="Mss="MsoNormal" style="margin-top: 1; margin-bottom: 1"> Date of Hearing: 23 March 1999
Date of Judgment: 23t: 23 March 1999

Mr. C. Hapa for the applicant
Defendant in person

J JUDGMENT

(LUNGOLE-AWICH, J): It is now too late for the respondent/defendant to ask for time so that he may look for money to pay off arrears of the loan granted by Home Finance Corporation, the applicant/plaintiff. What is now being done is execution of judgment obtained in 1995, Some 4 years ago.

One can only sympathise with the predicament of the respondent that he has nowhere to move to. The applicant lent money on the clear understanding that if there be default in payment of instalment the charged land parcel 191-029-151 would be sold. There was default, judgment was granted, the land parcel was sold by public tender and there has been order that transfer be effected to the buyer. All have been done according to the law. The court grants application for eviction order and it is ordered that the respondent/defendant, Mr. Norman Kaula, be evicted from land parcel No. 191-029-151. Order is stayed for 4 days to allow Mr. Kaula to vacate. After 4 days, the Royal Solomon Police are to assist the applicant/plaintiff to evict Mr. Kaula from the land parcel. Registrar is authorised to sign the transfer documents. Costs of this application are costs in the execution.

p class="Mss="MsoNormal" style="margin-top: 1; margin-bottom: 1"> Dated this Tuesday the 23^{rd> day of March 1999}

Sam Lungole-Awich
JUDGE>