Kulolo v Loboi [2016] SBHC 12; HCSI-CC 221 of 2014 (5 February 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 221of 2014

BETWEEN:

SAM KULOLO AND PETER PUKUVATI
Claimants

AND:

ANDREW LOBOI
First Defendants

Date of Hearing: 5th February 2016
Date of Ruling: 5th February 2016

P. Tegavota for the Claimants
D. Marahare for the Defendants

RULING ON PRELIMINARY ISSUES

Maina J:

This is a matter listed for Pre Trial Conference. However counsel for the Claimants raised a preliminary issue. The Claimants wish to apply to the Court to amend the claim because of the difficulty to out the land on some parcel numbers relates to this claim. They have documents relating to Parcel No. 191-081-1. The land is in the name of the second Defendant.

On that basis the counsel for the Claimant seeks to withdraw the claim at 1 (a) (b) (c) in the amended claim filed on 9th January 2015.

Counsel for the Defendant on this preliminary issue submitted that the counsel for the Claimant is removing the bulk registered in the name of the second Claimant. It is also putting the preliminary issue at the last minute. He said the Claimant discontinue this case. If he wishes to relieve they can apply for leave by the Court under Rule 9.70 of the Civil Procedure Rules 2007.

Rule 9.67, 9.68, 9.69 and 9.70 of the Civil Procedure Rules provides to discontinue any case at any time and any reason. It is not to discontinue a claim that part of the claim has been withdrawn unless upon the withdrawal it provides no claim or basis a claim.

The issue raised as preliminary issue and the orders sought to further amend the claim which in fact narrow the case or the matters of conference in this matter to my view is proper.

Therefore the further amendment sought by the Claimants to amend the amended claim and withdraw a leave is granted. And that the claim to only relates to Parcel No. 191-081-1.

Cost for today's hearing to Defendant.

THE COURT

.................................................................
Justice Leonard R Maina
Puisne Judge