Solomon Islands Water Authority v Walesaefala [2016] SBHC 77; HCSI-CC 147 of 2015 (30 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 147 of 2015

BETWEEN:

SOLOMON ISLANDS WATER AUTHORITY
Defendant

AND:

FRANCIS AND ELIZABETH WALESAEFALA
Claimants

Date of Hearing and Orders: 30th May 2016

Fa’aitoa G, for the Applicant
Toifai for Respondent

BROWN J:

Application to refuse application for default judgment.

Extempore.

The application to refuse dated 6 April has ground which raise a serious issue to be trial namely whether the S. I. Water Authority Act [Cap 130] which came into effect in or about 17 May 1993 is to be apparently dismissed as of no effect, upon registration of a parcel of land in the Claimants name in or about 2003, land which encompassed the water resource for part of Honiara.

This serious issue is concerned with the propriety of such registration on the face contrary to the public purpose of the Water Authority Act and apparently contrary to Land and Titles Act acquisition provisions such that I am minded to grant the application for the Claimants are seeking a sum, originally some $11 million for compensation for trespass. The Water Authority Act is legislation of the Independent State of the Solomon Islands and it would be unjust to permit individuals to benefit to the extent of $11 million of tax payers money by allowing judgment when such important issues needs to be resolved by proper court process.

In the exercise of my discretion I grant leave to strike the Claimants application for default judgment. The cost of the application for here shall be costs in the cause. The application for default judgment is refused. The matter may proceed by way of directions in accordance with the document entitled “Directions” signed by me today.

BY THE COURT