Development Bank of Solomon Islands v Waikari [2003] SBHC 95; HC-CC 116 of 2002 (30 April 2003)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No: 116 of 2002

DEVELOPMENT BANK OF SOLOMON ISLANDS LTD

–V-

PATTESON WAIKARI

HIGH COURT OF SOLOMON ISLANDS
Muria CJ

Date of Hearing: 30^th April 2003
Date of Ruling: 30^th April 2003

G. Fa’aitoa for the Plaintiff
P. Waikari the Defendant in person

REASONS FOR DECISION

MURIA CJ: The parties in this case have entered into a loan agreement whereby the plaintiff was to lend money to the defendant. The amount borrowed was $45,455.00. The defendant failed to pay up the loan repayment and the balance has now risen to about $59,526.28. There is a charge taken out in this case as security for the loan on Parcel No. 191-019-197.

The loan repayments made through the tenants occupying the defendant’s house have only began after the banks started chasing after the defendant for repayment. This was already after the defendant had defaulted in making repayments. The arrangements for repayments were really an attempt by the defendant to salvage his default position. It cannot be regarded as legal defence to the claim by the plaintiff in this case. It is more of a practical measure to lessen the burden on the defendant flowing on from his default in the first place.

The Court does not see any legal defence to the action in this case, apart from the practical measures taken by the defendant through the tenants of his house. Such practical measures are, of course, subject to the discretion of the plaintiff to accept or not to accept.

In the circumstances of this case, the plaintiff must clearly be entitled to its money which was lent to the defendant. The only way that the plaintiff can satisfactorily receive its money is for the Court to enter judgment in its favour. That, the Court will now do so.

Leave is therefore granted to the plaintiff to enter judgment against the defendant as prayed in the Notice of Motion filed on 14^th February 2003 in this matter.

Leave is also granted to the plaintiff to enforce the charge taken out over Parcel No. 191-019-197.

Other orders sought in that Notice of Motion are also granted.

Order accordingly.

(Sir John Muria)
CHIEF JUSTICE