Waetara v Awaoli [2016] SBHC 70; HCSI-CC 400 of 2012 (24 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 400 of 2012

BETWEEN:

JANE MUGAFALU KABUI WAETARA
Claimant

AND

EDWIN AWAOLI
Defendant

Date of Hearing: 24 May 2016

Fa’aitoa for the Claimant/Creditor
Firigeni for the Defendant/Debtor

BROWN J:

RULING AND ORDERS

The application set aside the judgment is refused.

Having read the statement in support by Edwin Awaoli, I am not satisfied since he has vacated the property that he has a good cause of action to warrant the exercise of my discretion to set aside.

The delay in bringing the application in any event has not been explained.

The order then is that the application of the 3 June 2015 to set aside the judgment is refused.

The applicant shall pay the respondents costs of the application including the costs of today.

The judgement creditors application for assessment shall be set down for hearing before me on Thursday 30 June 2016 at 9.30.

The statement of Edwin Awaoli filed 3 June 2015 may be read in the application for assessment provided the deponent is available for cross examination.

Any further material in reply to the application need be served 7 clear days before the date fixed.

THE COURT