Baiabe v Ghemu [2017] SBHC 95; HCSI-CC 423 of 2016 (29 September 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL JURISDICTION

Civil Case Number 423 of 2016

BETWEEN: JOHN HERMAN BAIABE - Claimant

AND: IVAN GHEMU - First Defendant

AND: ATTORNEY GENERAL - Second Defendant
(For Commissioner of Lands)

Date of Hearing: 18^th September 2017.
Date of Ruling: 29^th September 2017.

Mr. C. Rarumae for the Claimant.
No Appearance for the First Defendant.
Mr. A. S. Poa for the Second Defendant.

KENIAPISIA; PJ:
RULING ON AN APPLICATION FOR DEFAULT JUDGMENT

1. This case and Civil Case Number 424/2016 have conveniently been dealt with together, notwithstanding the absence of any formal consolidation orders by the Court. There is good rationale for this approach. In both cases the claimant is John Herman Baiabe. Both cases have similar or identical facts. Both cases are on equal progress. Claimant is the former owner of the concerned two disputed parcels 191-001-266 and 191-001-267 (PN 266 and PN 267).
   
2. The said two parcels are now registered in the names of the two first named defendants in both cases. Commissioner of Lands (COL) is named as second defendant in both cases. It is alleged against COL that he facilitated the transfer of both parcels to both 1^st defendants through fraud or mistake, without knowledge of the claimant, who was the owner at the material time of transfer.
   
3. In Civil Case Number 424/2016, I already concluded that the matter must proceed to full trial. Though in this case there is no defence from both the defendants, I still prefer that there be trial of both matters. Court is interested to deal with evidence on fraud. Fraud is a serious allegation bordering on crime. Therefore the Court must properly investigate the allegations at trial, rather than early termination through default.
   
4. Seeing that the facts are identical in both cases. And that both cases have progressed on the same pace, Court will order that the similar orders as in Civil Case Number 424/2016 apply in here as well; for similar reasoning outlined in Civil Case Number 424/2016.
   
5. Accordingly, the Court orders that:-
   

5.1. Default Judgment against the 1^st and 2^nd defendant is refused.

5.2. 1^st and 2^nd defendant shall pay claimant’s cost.

5.3. Registrar of Titles is made a party in addition to COL.

5.4. Leave to amend granted to facilitate order 5.3.

5.5. Parties to take trial preparation directions after pleadings close.

THE COURT

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JOHN A KENIAPISIA
PUISNE JUDGE