Solomon Islands Home Finance Ltd v Chottu [2001] SBHC 52; HC-CC 192 of 2000 (1 August 2001)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 192 of 2000

HOME FINANCE LIMITED

v

SOPHIA CHOTTU

High Court of Solomon Islands

Before: F. O. Kabui, J

Civil Case No: 91 of 2001

Hearing: 1^st August 2001

Ruling: 1^st August 2001

C. Hapa for the Plaintiff

A. Tongarutu for the Defendant

RULING

(Kabui, J): The Defendant filed a Notice of Motion osup>st July 2001 seek seeking the following orders-

1. &nnbsp;; bsp; Leave be entered for th the Defendant for enlargement of time to file Defence to the Plaintiffs Statement of Claim.

2. &nbssp;&nnbsp;; bsp; Such Such Such other Orders as the Court deems fit to make.

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Brief Facts

The Plaintiff filed a Wr Summons and Statement of Claim on 21^st May 2001 claiming against th the Defendant the recovery of $87,144.81 plus interest. The Plaintiff also seeks leave to sell fixed-term estate in Parcel No: 191-001-27 to redeem the Defendant’s liability in the sum of $87,144.81 plus interest above. Mrs. Tongarutu entered a Memorandum of Appearance on 12^th June 2001. The Defendant having failed to deliver defence within 14 days, the Plaintiff filed a Notice of Motion on 24^th July 2001 seeking leave to enter judgment in default of defence under Order 29, rule 2 of the High Court (Civil Procedure) Rules 1964 (the High Court Rules). The hearing date was fixed for today at 9:30 am.

Leave to fefence

By affidavit filed on 31^st July 2001, Mrs. Tongarutu deposed to act that she was not in Honn Honiara between 12^th June2001 and the first week of July 2001. She said that the Defendant was absent from Honiara on her return to Honiara. She said the Defendant was due to return to Honiara at the end of July. She however did not say where the Defendant had gone. However, the essence of Mrs. Tongarutu’s case is that she had not had the opportunity to take instructions from the Defendant and so the opportunity to discuss the viability of a defence, if any, was still amiss to date. On this basis, I would like to extend time to allow the Defendant to deliver her defence. The Defendant’s application succeeds and I grant leave accordingly. I order that the Defendant file her defence within 14 days from today. Cost be in the cause.

F. O. Kabui

Judge