Church of the Nazarene Property Trust Island District (Incorporated) v Peua [2016] SBHC 90; HCSI-CC 52 of 2015 (9 June 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL JURISDICTION

Civil Case No. 52 of 2015

BETWEEN: CHURCH OF THE NAZARENE PROPERTY TRUST - Claimant
ISLAND DISTRICT (INCORPORATED)

AND: LILLY PEUA AND GIDEON TAEBO - Defendants

Date of Hearing: 31^st May 2016.
Date of Ruling: 9^th June 2016.

Mr. W. Rano for the Claimant.
No appearance for the Defendants.

KENIAPISIA; PJ

RULING ON AN APPLICATION FOR DEFAULT JUDGMENT

1. Claimant filed a category A Claim on 24/02/2015. Claim was served on the defendants a day later on 25/02/2015^[1]. On 25/03/2015, the defendants filed their defence in person. That defence is on file. The said defence is filed on time. The defendants are therefore litigants in person, not being represented by a lawyer.
   
2. Claimant filed an application for default judgment on 2/04/2015. I am dealing with it today. Counsel Lidimani not present but Counsel Rano relied on documents filed by Mr. Lidimani, because this is Lidimani’s case. This is a motions day and the papers being in order, this application can be dispensed with in less than 15 minutes. I therefore proceeded with the application on that presumption.
   
3. Upon hearing Mr. Rano, I said that I will grant the orders, subject to my perusal of the file. In the meantime, Mr. Rano can engross the orders, his client is seeking and forward to me for consideration, when reviewing the file. On 6/06/2015, I received the orders, Mr. Rano engrossed. On my perusal of the file, I realised that a defence is actually on file.
4. I do not know why claimant applied for default judgment. Claimant must deal with the defence on file. Claimant cannot jump over that defence and apply for default judgment. Claimant must deal with that defence in one of the following ways:
   

(4.1). Apply to strike out the defence.

(4.2). Apply for summary judgment.

(4.3). Prepare the matter for trial.

5. I therefore decline the application for default judgment and order that the claimant deal with the defence on file.
   
6. Order accordingly. No order on costs.
   

THE COURT

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JOHN A KENIAPISIA

PUISNE JUDGE

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^[1] See sworn statement of proof of service by George Leamana filed 2/04/2015.