Ahukela v Houkari [2016] SBHC 217; HCSI-CC 546 of 2015 (13 December 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN:

OXLEY AHUKELA
Appellant

AND:

D.R. HOUKARI

1^st Respondent

(Acquisition Officer)

SAMUEL MEIE, FR. JOHNSON HONIHUIOUOU, SELWYN SAHU, GIBSON AWATARAU, DICK ANASIMAE

2^nd Respondent

Date of Hearing: 25 November 2016

Mr. E.Toifai for Appellant
No appearance for Respondents

Appeal from a Magistrates Decision striking out proceedings.

Brown J:

The application has not been served on the respondents. On reading the Magistrates reasons, it is apparent the Magistrate addressed the basis of the application before him. The appellant in this court [and applicant in the magistrates court] was seeking to have the Magistrate find that a document signed by the appellant, called a “consent order” be set aside. The appellant did not appear on the Magistrates hearing for reasons personal to the appellant but I am satisfied the Magistrate addressed the material of the applicant then before him before reaching his decision. The finding of the Magistrate was available to him when I read the record.
It is not clear whether the application to set aside the document was on the basis of non-est factum; no fraud was pleaded or considered in the Magistrate’s reasons.

I accept the tendered reasons of the Magistrate as showing no error calling for this courts interference.

The Magistrates reasons on page two are consistent with a finding that the application was frivolous and vexations.

The appeal is accordingly dismissed.

__________________
BROWN J