Tuita v Betero [2011] SBHC 106; HCSI-CC 394 of 2008 (7 October 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS.
(Faukona, J).

Civil Case No. 394 of 2008.

BETWEEN:

WESLEY TUITA
Claimant.

AND:

PETER BETERO and BILLY TAISELO
First Defendant.

AND:

NORTH MALAITA TIMBER RESOURCE
Second Defendant.

AND:

MEGA CORPORATION LIMITED
Third Defendant.

Date of Hearing: 7th October 2011.
Date of Ruling: 7th October 2011.

Mr. J. Zama for the Claimant.
No one for First and Second Defendant.
Mr. P. Afeau for the Third Defendant.

RULING ON APPLICATION FOR DEFAULT JUDGMENT.

Faukona, J: This application was filed on 20th April 2009, for default judgment against first and second defendants, pursuant to Rules 9.17, 9.18, 9.19 and 9.22.

2. On 14th November 2008 the claim supported by sworn statement of the claimant was filed in Court. On 17th November 2008 the documents were served on the first defendants at their home village Ukuku, North Malaita by one Onesimus Olofia – exhibit "ETI" proof of service attached to Erick Tuita's sworn statement filed on 5th September 2011. On 8th December the documents were served personally on the second defendant by Sergeant Barnabas Konare through its director/share holder Mr John Meke. Produce is exhibit "ET2" proof of service attached to Erick Tuita's sworn statement filed on 5th September 2011.

3. Up until today the first and the second defendants have not filed any response or defence; hence this application.

4. I have read the sworn statement of the Claimant and sworn statement of Erick Tuita in support of this application and have read the proof of service sworn statements. I am satisfied the service upon first and second defendants had been effectively done. Since thereafter no response or defence was filed. I therefore grant the application.

Orders.

1. Application for default judgment granted.

2. Cost of this application is borne by the first and second defendants payable to the claimant.

3. Application for summary judgment refers to Registrar of High Court to list on a motion day.

The Court.