Attorney General v Mua [2013] SBHC 32; HCSI-CC 154 of 2012 (3 April 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 154 of 2012

BETWEEN:

ATTORNEY GENERAL
Claimant
(Representing Honiara City Council)

AND:

SOLOMON MUA
Defendant

Hearing : 22 February 2013
Ruling : 3 April 2013

Ms Maefiti for the Claimant
Mr. Lidimani for the Defendant

RULING

[1] This is an application filed on 6 August 2012 by the Claimant for the following orders: (1) An order of default judgment against the Defendant and (2) costs.

[2] The Claimant filed a claim against the Defendant on 22 May 2012, seeking the following orders: (1) Possession of Council Staff house at Mbokonavera II on Parcel Number 191-024-058 ("the property"); (2) An order that the Defendant, his servants, agents, invitees, Licensees or others currently occupying the property under the Defendant's authority or purported authority, vacate the property and remove their chattels from the property; (3) An order that the Defendant, his servants, agents, invitees, Licensees or others currently occupying the property under the Defendant's authority or purported authority, be permanently restrained from entering the property upon vacating it; (4) An order that the Sheriff enter forthwith and deliver vacant possession to the Claimant; (5) Damages, including manse profit, to be assessed; (6) Exemplary and/ or aggravated damages to be assessed; (7) costs; and such further orders as this court shall deem fit to make.

[3] On Tuesday 5 June 2012, Vincent Kohata personally served the claim on the Defendant at his residence, at Mbokonavera II, with the statement of claim.

[4] The Defendant filed his defence to the claim on 26 June 2012 setting out his defence to the claim. The defence was 6 days after the period of 28 days in which defence should be filed according to the Civil Procedure Rules. Two vital facts in this claim are that the Defendant is occupying the Claimants property unlawfully and he was no longer an employee of the Claimant. The court does not consider that his defence will succeed. The court will accordingly grant the orders sought by the Claimant.

THE COURT