Nantara v Tokatake [2016] SBHC 166; HCSI-CC 168 of 2016 (30 September 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: MEREAN NANTARA - Claimant

AND: ADRIAN TOKATAKE & REIJELI TOKATAKE - 1^st Defendant

MICHAEL LAKOA & JULIE LAKOA - 2^nd Defendant

Date of Hearing and Orders: 30 September 2016

Mr. L. Kwaiga for the claimant.
No appearance of the defendants.

Applications for possession and damages for continuing trespass

Brown J:

Orders.
In the absence of a defence by the 1^st defendant I make orders in term of paragraph 1 & 2 of the claim restricted to the 1^nd defendant. I award costs of the application against the 1^st defendant.

The balance of the claim may stand over for further hearing.
In relation to the claim against the 2^nd defendant I make the usual direction and appoint Friday 18 November at 1:30pm for the Pre Trial Conference.

Reasons:
I am not satisfied the application for summary judgment is made out having regard to the material in support of the defence by the 2^nd defendant where a serious issue to see tried arises. The costs in relation the 2^nd defendant proceeding shall be cost in the cause.

BROWN J