Solomon Islands Home Finance Ltd v Makana [2001] SBHC 37; HC-CC 192 of 2001 (25 June 2001)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 192 of 2001

SOLOMON ISLANDS HOME FINANCE LIMITED

b>

>

c

v

JAY MAKANA

p>

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

Before: F. O. Kabui, J

Civil Case No. 192 of 2001

Hearing: 25^th June, 2001

Judgment: 25^th June, 2001

C. Hapa for the Plainti/span>

Defendants not present

JUDGMENT

ass=lass="MsoNormal" style="margin-top: 1; margin-bottom: 1"> (Kabui, J): This is an application by Notice of Motion filed by the Plaintiff on 23^rd May 2001. The Plaintiff seeks the following orders in the Notice of Motion-

1. &nbssp; &nsp; Leave torente judgmentgment for the Plaintiff against the

& p;&nb Defendant for the relief claimed in the Statement of Claim

ass="rmal"e="matop: 1; marginargin-bott-bottom: 1om: 1">&nb"> &nsp; &bsp; ; &nbbp;&nnbsp;&nsp; &nbp; herein the Defendant having failed to enter an appearance;

2. An order that the costs d and incidental to this application

& p;&nbbspp&nbssp&nb to be borne by the Dant; span>/p>

uote>

3. & Such fu therthe other relief as the Court may deem fit to

&n&nnbsbsp&nnbsp <make.

The Notice of Motion was served upon the Defendant on 13^th June 2001. The Plaintiffs application is based upon the Plaintiffs Writ of Summons and Statement of Claim filed on 24^th July 2000 served upon the Defendant on 11^th April 2001. The Defendant has failed to enter an appearance to the Plaintiff’s Writ of Summons to date. This application was made to the Court under Order 13, rule 11 of the High Court (Civil Procedure) Rules 1964 (the High Court Rules).

The Facts

class=lass="MsoNormal" style="margin-top: 1; margin-bottom: 1"> The Plaintiff by letter dated 9^th May 1996 made an offer of $65,000.00 as a loan from it to the Defendant. By letter dated 10^th May 1996, the Defendant accepted the Plaintiffs offer and the Plaintiff paid to the Defendant the sum of $65,000.00. The loan was to run for 20 years. The repayment was to be by a monthly installment of $737.00. The interest rate was 12% per annum. As security for the repayment of the loan, a charge was registered in favour of the Plaintiff on 15^th March 2000 over Parcel No: 191-043-37. The defendant has failed to repay the loan since 15^th September 1998 despite demands from the Plaintiff.

Relief Soughtn>

<

p class=lass="MsoNormal" style="margin-top: 1; margin-bottom: 1"> The Plaintiff has now asked the Court to enforce the charge against the Defendant under section 171(1) of the Land 6 Title Act (Cap. 133). In view of the Defendant failing to enter an appearance against the Plaintiffs Writ of Summons, I would not hesitate to grant leave for the Plaintiff to enter judgment again t the Defendant within the terms of Order 13, rule 11 of the High Court Rules. Leave is granted. The judgment will be entered in the terms sought in the Writ of Summons and the Statement of Claim together with Orders Ought by the Notice of Motion and in open Court.

class="Mso="MsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> F. O. Kabui

Judge