Osiramo v Aeouia [2007] SBHC 124; HCSI-CC 364 of 2006 (31 August 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 364 of 2006

JOHN OSIRAMO

-v-

MEZACH AEOUIA AND OTHERS

Date of Hearing: 31 August 2007
Date of Ruling: 31 August 2007

W. Rano for the Applicant
A. Nori for the Respondent

TRANSCRIPT

Rano – seeks to set aside.

Judgment can be set aside when other party did not attend.

We are of the view substantial irregularity.

The respondent unable to attend – If had attended then substantially changed facts on which ruling.

Counsel has not been able to provide this court with a proper argument.

RULING

REASONS

Brown, J: The judgment given on the 27 June was final judgment. Mr. Rano quite properly seeks to utilise the provisions of the HC Rules so as to re enter the process and enable me in effect to reconsider my reason.

Once a final decision is given the court is functus officio, it has no further pole in the process for judgment has been given. The only recourse is by way of appeal.

Order

The amended motion are in terms of refused.

The application is struck out.

THE COURT