Bosira v Mauka [2013] SBHC 74; HCSI-CC 398 of 2007 (21 June 2013)

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

Civil Case No. 398 of 2007.

BETWEEN:

STEVEN BOSIRA, RODRICK KURITY and AUBREY MAEKE
(Representing the Virasare Tribe of Dovele, Vella La Vella, Western Province).
Claimants

AND:

KESTER MAUKA, NOEL MARAKA and EDMOND ALE
First Defendants

AND:

DOVELE DEVELOPMENT COMPANY LIMITED
Second Defendants

Date of Hearing: 21st June, 2013.
Date of Ruling: 21st June, 2013.

Mr. N. Laurere for the Claimants.
Mr. Hapa for the Defendants.

RULING

Faukona J: This is an application by the Counsel representing the Claimants for reinstatement of proceedings. The proceedings were struck out by the Registrar on 29th September, 2010, for there being no steps taken since 5th December, 2007.

2. It appears that the entire blame for inactivation of the proceedings is on the Claimant's previous Counsel Mrs Bird. Mrs Bird was served with notice to respond to the allegations. There was no respond.

3. There is evidence that the Claimant had paid legal fees amounted to $10,350.00 to his previous Counsel. There is also evidence that on several occasion the Claimant checked on his Counsel but she could not be available. He also deposed that his Counsel fell ill and at times, he actually went to the Hospital to contact her.

4. Mr Hapa argues that there is no evidence to proof money has been paid to the Counsel. But agrees if it was a failure by the Counsel then it would be a good case for reinstatement.

5. It is unfortunate that Mrs Bird could not be able to respond to the allegations levelled against her. However, I accepted, perhaps, the period of her absent from work was the time she was ill. Her illness was well versed with by the Courts and the Counsels. I therefor take judicial notice of it.

6. To give fairness and justice to the case in particular when the Claimant had expended substantial amount of money for legal fees, it is proper to grant the application.

Orders:

1. This proceedings that were struck out on 29th September, 2010 be revived.

2. Case adjourned to 18th July, 2013 for mention.

3. No orders as to costs.

The Court.