Tova v S.A. and Sons Enterprise [2011] SBHC 71; HCSI-CC 232 of 2010 (18 August 2011)

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

Civil Case No. 232 of 2010.

BETWEEN:

CLIFFORD TOVA (Representing Niu Kolina bus transport Project)
Claimant

AND:

S.A. AND SONS ENTERPRISE
Defendant

Date of Hearing: 18th August 2011.

Date of Ruling: 18th August 2011.

Mr Balea for the Claimant
No one for the Defendant

RULING

Faukona J: This is an application to set aside striking out order made by the Registrar of the High Court on 18th July 2011, and to reinstate the proceedings.

2. The application was filed on 22nd July 2011 supported by a sworn statement of Clifford Tova filed on 20th July 2011. The application and the sworn statement were served upon the Defendant on 5th August, 2011, by leaving a copy of the document at the office of the Defendant at Sun Valley, East Honiara.

3. From then on there was no respond by the Defendant.

4. Mr Balea submits that the order was made against the Claimant because of the failure of the previous Solicitor representing the Claimant, who is Mrs Maelyn Bird. Had she been well she could have applied for default judgment as the Defendant also failed to respond and filed a defence when the initial documents and claim were served on it.

5. It is common knowledge that Mrs Bird has been sick for some months. Her failure due to illness has contributed to inactivation of these proceedings.

6. The reason for inactivation is genuine. No one would deny Mrs Bird for not participating in all her cases due to illness. Her illness has been made known to all and there is no secret about it. As such striking out order against her client is quite hash and somehow prejudicial to some degree.

7. With that understanding I therefore set aside the striking out order made on 18 July 2011 and reinstate the proceedings.

Orders.

1. Striking out order made on 18 July 2011 is set aside and the proceedings is hereby reinstated.

2. The Claimant to revive the proceedings within 14 days.

3. Cost in the cause.

The Court.