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High Court of Solomon Islands |
IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)
Civil Case No. 53 of 2009
BETWEEN:
SOLOMON ISLANDS NATIONAL PROVIDENT FUND (SINPF)
Claimant
AND:
JIMMY RASTA LUSIBAEA
Defendant
Date of Hearing: 19 October 2011
Date of Ruling: 25 November 2011
Mrs A Tongarutu for Defendant
Mr P Afeau for Claimant
RULING
Mwanesalua J:
"(1) Possession of Parcel Number 191-010-016 located at Ranadi Industrial Site, East Honiara (the property) is granted to the claimant.
(2) the Defendant, his servants, agents, invitees, licenses, or others currently occupying the property under the Defendant's authority or purported authority, vacate the property not later than 12 noon on 1st April 2010 and remove their chattels from the same.
(3) The Defendant, his servants, agents, invitees or others currently occupying the property under the Defendant's authority or purported authority, be restrained from entering the property upon vacating the same.
(4) The Defendant pay the Claimant's costs in the sum of $1,350.00
Consideration
The application to set aside the default judgment and the eviction orders were filed on 23 June 2010. The application was only heard on 19 October 2011. There was a delay of over 15 months before it was heard by the court. The Claimant signed an agreement with Shorncliffe (Solomon Islands) Limited to purchase the property on 28 July 2006. The property was then registered in the name of the Claimant as owner on 14 December 2006. The Applicant does not seem to have a meritorious defence to this claim.
In the circumstances, the Court is not satisfied that it should set aside the default judgment and eviction orders made by the Court on 9th and 11th March 2011.
The application is therefore refused and is dismissed. The Applicant is to pay the Respondent's costs of this application. Right of appeal explained.
Order accordingly.
THE COURT
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URL: http://www.paclii.org/sb/cases/SBHC/2011/145.html