Kioto v Evergreen Synergy (SI) Co Ltd [2016] SBHC 168; HCSI-CC 244 of 2016 (30 September 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: ALDRIN KIOTO - Applicant
(Representing the Babata block land Trustees)

AND: EVERGREEN SYNERGY (SI) CO. LTD - Defendant

Date of Hearing and Judgment: 30 September 2016

Mr. B. Etomea for claimant
No appearance of the defendants

Application seeking payment of royalty moneys by the defendant previously paid other representative

Brown J:

Reasons:
The application for default judgment is refused. The trustees who signed the supplementary agreement claim that money were paid to a person not representative of the landowner representatives. They have not sought recovery from the person who accepted payment but rather seek another payment from the defendant. The authority purporting to authorize another person to take these proceedings is signed by one, who purports to sign for all the trustees. Since the claim is by the trustees, there are a number who have not authorized the claimant to institute these proceedings. While there is no evidence to suggest this claimant seeks to defraud the remaining trustees, there is no evidence to show he has their authority.
The application is refused. The proceedings are struck out in accordance with R 9.75.

__________________
BROWN J