Home Finance Corporation of Solomon Islands v Nemaia [1999] SBHC 88; HC-CC 092 of 1999 (3 September 1999)

HIGH COURT OF SOLOMON ISLANDS

HC-CC092 of 1999

ass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 0; margin-bottom: 0"> HOME FINANCE CORPORATION OF SOLO SOLOMON ISLANDS

V

ANDREW W NEMAIA MAIA AND KOBUA NEMAIA

High Court of Solomon Islands
(KABUI, J)
Civil Case Nase No. 092 of 1999

Hearing: 30th August, 1999
Judgment: 3rd September, 1999

Motis Pacific Lawyers for Plaintiff
Defendant in Person

JUDGMENT

(F. O. Kabui, J): The Plaintiff filed a Writ of Summons on 5th March, 1999 against the Defendants claiming relief set out in the Statement of Claim filed that same date. It is a claim for a debt of $79,553.03 the particulars of which are set out also in the Statement of Claim. By Notice of Motion for Judgment filed on 5th August, 1999, the Plaintiff sought an Order that judgment be entered against the Defendants on the ground that the Defendants had failed to enter an appearance in response to the Writ of Summons. The Defendants were served with the Writ of Summons on 23rd March, 1999. The Notice of Motion for Judgment was also served on the Defendants on 12th August, 1999. The Plaintiff is clearly entitled to enter final judgment against the Defendant in this case under Order 13, rule 3 of the High Court (Civil Procedure) Rules 1964. I therefore grant the application and orders sought therein. The Order of the Court is that judgment be entered against the Defendants for the sum of $79,553.03 together with interest at the rate of 12% from March 5, 1999 and that the Defendants pay the cost of this application.

F. O. Kabui
Judge