Gebe v Kakai [2016] SBHC 25; HCSI-CC 150 of 2012 (9 March 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL JURISDICTIONS

Civil Case No. 150 of 2012

BETWEEN:

RIDOLO GEBE
Claimant

AND:

PAUL KAKAI
Defendant

Date of Hearing: 9th March 2016
Date of Ruling: 9th March 2016

No Appearance in person or through Legal Representative - Claimant
No Appearance in person or through Legal Representative - Defendant

KENIAPISIA; PJ:
RULING AND ORDER TO STRIKE OUT THE PROCEEDING
AT A HEARING

1. At 9:30am, the Court was waiting for the parties. At 9:35 am, the Court was still waiting. At 9:40 am, I send my Associate to check on Court Room 3, just in case parties are in there, because I previously use that court room. Associate returned and advised that none of the parties are in Court Room 3. At 9:45 am, I strike out the proceeding, pursuant to Rule 9.72 (b) of the Solomon Islands Courts (Civil Procedure) Rules 2007 ("the Rules"), because no party appears or none of the parties or their legal representative was in Court.
   
2. We often hear parties criticise the Court for delay in litigation. May be this is a case where the parties should take the blame for delay. Court issued Notice of Hearing on or around 2/2/2016. Court issued a Cause List for this week, advising of today's hearing. Application to set a side default judgment was filed on 3/9/2014 and mentioned on 12/06/2015 and has since been pending listing of a hearing date.
   
3. Order:

3.1. This proceeding is hereby struck out.

THE COURT

JOHN A KENIAPISIA
PUISNE JUDGE