Development Bank of Solomon Islands v Hunuehu [2001] SBHC 25; HC-CC 279 of 2000 (26 April 2001)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 279 of 2000

DEVELOPMENT BANK OF SOLOMON ISLANDS

v

EDWARD HUNUEHU

ass="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1"> High Court of on Islands

Before: F. O. Kabui, J

Civil Case No. 279 of 2000

Hearing: 25^th April 2001

Judgment: 26th April 2001

G. Fa’aitoa for the Plaintiff

Defendant in person

JUDGMENT

(Kabui, J): By a Specially Indorsed Writ of Summons filed on 19^th December 2000, the Plaintiff claims against the Defendant the sum of $129,445.15 with interest as from 31^st October, 2000 and costs. The Writ of Summons and the Statement of Claim were served upon the Defendant by Mr. Tonowane on 8^th January 2001 through Constable Piriniparu PC No. 286. According to the Court File, no appearance on defence has been filed by the Defendant.

The Facts

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ass="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1"> The Plaintiff e Development Bank of Solomon Islands (“the DBSI”). By a loan agreement executeecuted on or about 15^th September, 2000, the Defendant borrowed from the Plaintiff the sum of $100,000 to be repaid by monthly instalments of $3,516.00. The interest rate was 16% per annum. As security for the repayment of the loan, a second charge was registered over Parcel No. 191­051-64 in favour of the Plaintiff. On or about 1^st June, 2000 the loan repayment was reduced to $2,000 monthly instalment. This reduction of repayment instalment was accompanied by a threat that failure to honour it would result in legal proceedings being taken to recover the full amount of the loan outstanding against the Defendant. The final letter of demand was dated 15th August, 2000. As at 31^st October, 2000, the Defendant was indebted to the Plaintiff in the sum of $129,445.15 as set out in the Writ of Summons.

The Relief Souspan>

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ass="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1"> The Defendant at the hearing of the Plaintiff’s Summons admitted liability in no uncertain terms. I grant the Orders sought in the Plaintiff's Summons accordingly.

F. O. Kabui

Judge