Kere v Guadalcanal Province [2011] SBHC 31; HCSI-CC 10 of 2011 (12 May 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS.

KASIANO KERE

v

GUADALCANAL PROVINCE
(Faukona J).

Civil Case No: 10 of 2011.

Date of Hearing: 12th May, 2011
Date of Ruling: 12th May, 2011

J.A Keniapisia for the Applicant.

RULING OF APPLICATION FOR DEFAULT JUDGMENT

Faukona J: This is an application under Rule 9.17 of SI Courts (Civil Procedure) Rule 2007. The application is made by the Applicant/Claimant for default judgment to be entered against the defendant for being failure to file respond and defence within the time required under Rule 5.37.

2 There is evidence in the sworn statement of William Rutapiri which stated that he effected service upon the defendant's Headquarter at Ritaleven building, Kukum, on 17th January 2011. Since then there is no respond by the defendant.

3 Ms Folaumoetui who happen to be present in court, accept responsibility without being aware of the case, responded by submitting that Guadalcanal Province is a Government Institution that falls within the definition of Crown, Rule 15.12.1. She submits that all proceedings brought against the Crown expect Attorney General be a party, and instructions be received under Section 15 of Crown Proceedings Act. She also refer to Rule 15.12.22, limit on default judgment against the Crown.

4 Having heard submissions from both Counsels, it is more of a duty bound upon Counsels who intends to bring an action against Government Institution must observe the Rules diligently. It would be improper to capitalize on the failure of the institution to inform the Attorney General's office of such action.

5 Counsels are in custody of the Rules and they are legally oblige to ensure right party is sued. In this case Attorney General could have been included as a party right from the beginning without any oversight by the Counsel for the applicant

6 I therefore refuse to grant application for default judgment, and ordered that Attorney General be included as party in this case.

The Court