Leong v The Ship "Ufi Na Tasi" [1999] SBHC 38; HC-CC 097 of 1999 (19 April 1999)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 097 of 1999

COLLIN LEONG AND PHILIP GOVER

-v-

THE SHIP "UFI NA TASI"

High Court of Solomon Islands
(LUNGOLE-AWICH, J)

Hearing: 12/4/1999
dgment: 19/4/1999

Mr Katahanas for the plaintiffs
r Safari for the defendant

>

class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> (LUNGOLE-AWICH, J): The ship, Ufi Na Tasi, has been arrested by Admiralty Marshal pursuant to Warrant of Arrest issued on 22.3.1999. The warrant was obtained by ex parte application.

Mr Nori now appears in Court, instructed by the Ship and Somma Limited, a company which is said to have dispossessed the plaintiff of the ship, leading to the ex parte application for warrant to arrest the ship. The ship and Somma Limited have not filed affidavits to oppose the arrest, but intend to. They have discussed adjournment with the plaintiff. The plaintiff is agreeable to adjournment, but would like the warrant of arrest discharged today.

class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> If the waris discharged today, it appears to me that there will he he nothing to adjourn in the application dated 15.3.1999 filed the same day and presented Ex parte on 22.3.1999. On the other hand the plaintiff has strong ground to ask for discharge of the warrant. Prima facie he is the owner of the ship as he appears on record as the registered owner. Mr Nori says that the ship may be freed of the warrant of arrest, but the plaintiff will have practical difficulties if he tries to sail the ship because one Fera claims to have bought the ship, it was arrested in his possession. I hope Mr Non did not intimate the possibility of violence against acts of the plaintiff which may be done lawfully after court order. The proper thing for Mr Fera, Somma Ltd and indeed any claimant to do was and is still to come to Court now to have the application determined on the strength of affidavit evidence. So far the Court has only affidavit of the plaintiff.

lass="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> The Court has decided to adjourn the applic, the question for de determination will still be whether the plaintiff was entitled to possession of the ship as against whoever was in actual possession, and therefore to have warrant of arrest issued to arrest the ship, and once the ship was arrested to have the plaintiff have possession of it.

class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> Costs are reserved. The plaintiff is to ser Fera or anyone from whom whom the ship was arrested, with Notice to attend on the adjourned date. The plaintiff is to file affidavit from the Admiralty Marshal stating what he did in executing the warrant of arrest, in particular, stating in whose possession he found the ship.

ass="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> Delivered thnday 19th day of April 1999

At the High Court
Honiara

Sam Lungole-Awich
Judge