Domo v Usa [2017] SBHC 77; HCSI-CC 43 of 2017 (13 September 2017)

LONSDALE DOMO -V- SIRIAKO USA
(Claimants) (Defendants)

HIGH COURT OF SOLOMON ISLANDS
(BROWN J)

Civil Case No. 43 of 2017

Date of Hearing and Decision: 13^TH September 2017

P.Tegavota for Claimant
Defendant in Person

Brown J:
I am satisfied of service of the claim on the defendant on the 15 February 2 017 at White River.

No defence has been made to the claim despite the response.

The claimant is at liberty to proceed and by statement filed on the 17 August in accordance with civil procedure rule 9.18 the claimant supports the claim for outstanding monies.

This is a claim for debt for breach of agreement evidenced by payment in custom of TSUPU given the defendant at his request in order to secure land. The agreement was not kept and the TSUPU or money had and received by the defendant for the benefit of the claimant at the defendants request amounts to $19,800. In addition the value of pigs amounting to $21,000 has been shown to be the value of animals had and received for the benefit of the defendant in accordance with TSUPU made by the claimant. Further sums of $100,000 and transportation costs are not proven in terms of the TSUPU and are denied.

I am satisfied this claim has been proven to the extent of $40,800 as a liquidated amount for debt in terms of the TSUPU. There shall be judgement for debt in the sum of $40,800 plus interest and costs on the 3^rd party scale.

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Brown J