Osiabu v Attorney General [2007] SBHC 106; HCSI CC 425 of 2006 (30 August 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 425 of 2006

SARAH OSIABU AND SANDY OSIABU
(Trading as OS’s Garden)

v

ATTORNEY-GENERAL

Date of Hearing: 30 August 2007
Date of Ruling: 30 August 2007

A. Radclyffe for Plaintiff
No appearance of Attorney-General

RULING on claim for breach of contract.

Brown, J: The plaintiff’s claim is made out. I accept the plaintiff entered into the contract in good faith following a series of earlier contracts.

The plaintiff did the work, was paid for the first 3 months and no good reason was given for its termination by letter of the 12 July 2006. The defendant is estopped as Mr. Radclyffe says, from denying the contract by virtue of its conduct.

The fact that Financial Regulations may or may not have been complied with by the Government at the time of contract is not a valid reason to unilaterally seek to terminate the agreement. The plaintiff entered the agreement in good faith without notice of such restriction on the contractual capacity of the defendant which cannot in these circumstances amount to a valid defence.

There shall be a verdict and judgment for the plaintiffs in the sum of $121,500 as claimed, interest in accordance with the HC Rules from the date of writ 23 October 2006 at the rate prescribed for judgment debts as part of the damage claim and costs on an indemnity basis (for the defence on its face clearly cannot stand), if in the taxing officers discretion the award is proper otherwise to be on the highest scale.

THE COURT