Gatoe'e v Lui [2007] SBHC 58; HCSI-CC 411 of 2006 (18 May 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No: 411 of 2006

Raymond Gaote’e

v

Steven Lui

Date of Hearing: 18 May 2007
Date of Judgment: 18 May 2007

Public Solicitor for both plaintiff and defendant.

JUDGMENT

Reasons

Brown, J: I refuse to adjourn at the public solicitor’s convenience.

Mr Saramo of that office appears for the plaintiff.

Mr. Cado of that office was in court earlier but has left.

The business of this court cannot await the convenience of the public solicitor in this fashion.

I have read the defence document prepared by Samani Dausabea.

No defence to the plaintiff’s claim is apparent on that document which is filed by Mr. Dausabea who has also filed an appearance. Subsequently the Public Solicitor has appeared for the defendant and I am asked for a further adjournment.

Mr. Lui is in court today.

His defence document shows a dispute which Mr. Lui has with the Solomon Star Newspaper.

It does not disclose any defence to the claim for possession by the lawful owner of the property.

The owner the plaintiff in these proceedings took title subject to the fact that Mr. Lui was in occupation on the 15 February 2005. On the 4 November 2005 a notice to quit the property was given Mr. Lui – since then Mr. Lui and his family have continued to remain in possession adverse to the lawful owner.

The lawful owner has not accepted the continued possession by Mr. Lui and Mr. Lui’s right to remain has no basis in fact or law.

I rely on the affidavit of Raymond Gaotee and have taken account of the respondents claimed defence. As I say that document does not disclose a defence at law to this claim for possession.

Having heard the plaintiff and the defendant by his affidavit of the 17 April 2007.

I am satisfied the plaintiff is entitled to the orders sought.

I give judgment for possession to the plaintiff and I make orders in terms of the statement of claim para’s i, ii. I make an order in terms of para iiii effective from 4 December 2005, the date of expiry of the notice to quit.

I award costs to the plaintiff.

A writ of possession my issue forthwith.

THE COURT