Shell Company (Pacific Islands) Ltd v Daoga - Judgment 1 [2000] SBHC 38; HC-CC 018 of 2000 (17 October 2000)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 018 of 2000

SHELL COMPANY (PACIFIC ISLANDS) LTD

-V-

FRANK HARRY DAOGA

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

Hearing: 12 October 2000
Judgment: 17 October 2000

Ex Parte

Ms Loa Tepai for the Plaintiff

JUDGMENT

(LUNGOLE-AWICH, J): I am satisfied by the deposition of Ms L. D. Tepai in affidavit filed for the judgment creditor, Shell Company (Pacific Islands) Ltd that:

1. The judgment creditor on 19.4.2000 obtained judgment against Frank Harry Daoga, the judgment debtor, for:
   

$35,183.75

$370.10 interest

$180 and costs

2. The judgment remains unsatisfied despite the efforts of the sheriff and despite attempt by the solicitors for the judgment creditor to have the debtor examined about his means.
   
3. The debtor has fixed term estate for 50 years w.e.f 1.1.1979 in land Parcel No. 191-001-164.
   
4. The sums owed to the creditor will be best secured by a charging order over the interest of the debtor in the land, Parcel No. 191-001-164 subject to the 3 prior charges registered.
   
5. DBSI has 3 charges over the land duly registered.
   

Accordingly the Court grants:

1. Order to show cause, in favour of the judgment Creditor/the applicant, requiring the debtor to show cause why his fixed term interest in land Parcel No. 191-001-164 should not be charged with the sums owed to the judgment debtor, the charge to be subject to the interest of and the three charges in favour of the Development Bank of Solomon Islands registered on 9.6.1994, 20.3.1997 and 18.2.1998.
   
2. The order to show cause is to operate as an injunction order restraining the judgment debtor from dealing with his said interest in the land in any way without the consent of the judgment debtor unless he will have paid the judgment debt to the judgment creditor.
   
3. The Registrar is to assign the return date of the order to show cause for the inter partes hearing of the application of the judgment creditor for the charging order over the land, Parcel No. 191-001-164, and at which hearing, the judgment debtor shall be required to show cause why the order granted should not be made absolute.
   
4. The present chargee, the Development Bank of Solomon Islands is to be served with a copy of this order together with the application papers of the judgment Creditor and notice of the return date of this order.
   
5. Hearing inter partes on the return date shall be in open Court.
   
6. Costs of this application are reserved to be considered at the inter partes hearing.
   

Pronounced this Tuesday the 17^th day of October 2000
At the High Court
Honiara

Sam Lungole-Awich
Judge