Kaimauri v Ou [2018] SBHC 38; HCSI-CC 306 of 2014 (23 March 2018)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 306 of 2014

BETWEEN: GABRIEL KAIMAURI - Claimant

AND: GEORGE MOFFAT OU - First Defendant

AND: ATTORNEY GENERAL - Second Defendant
(Representing the Commissioner of
Lands and the Registrar of Titles)

Date of Hearing: 8^th March 2018.
Date of Ruling: 23^rd March 2018.

Mr. L. Kwana for Claimant.
Mrs. R. Soma for Second Defendants.
No Appearance for First Defendant.

KENIAPISIA; PJ:
RULING ON APPLICATION FOR DEFAULT JUDGMENT

1. Administratively, I should grant default judgment against both defendants, with ease, following grant of leave to apply for default judgment against crown. Amended claim was served. There are no defences filed within the time required by the Rules. According to my orders perfected on 25/11/2015, defences should be filed by February/March 2016, considering December 2015, was Christmas Vacation. To date; it is two years and still there are no defences.
   
2. Court considered whether the nature of this claim, matter should terminate early or proceed to trial. In doing so, court is satisfied, claimant has a strong case on the merit. Claimant produced evidence of an offer made to him from the land owner (Malaita Provincial Executive) through Lands Officer^[1], Malaita Province. Claimant accepted the offer, by paying for the offered price^[2] called consideration in contract law.
   
3. On the basis of that offer, acceptance and consideration; claimant had executed transfer/lease documents^[3] with the Province, only to discover that the land was registered in the name of first defendant. I am satisfied on the evidence of the offer, acceptance, consideration and execution of transfer documents; early termination through default judgment is warranted. A binding contract existed that must be enforced. Counsel for second defendants elect not to make any submission. From statement Counsel filed, Court noted the lack of instructions to enable filing a defence.
   
4. Accordingly; the reliefs claimant sought are granted as follows:
   

4.1. Parcel Number 209-004-36; situated at Afio, South Malaita, Malaita Province be rectified by cancelling the name of the first defendant from the registry and replacing with the name of the claimant.

4.2. Second defendants to take appropriate actions to effect order 4.1.

4.3. George Moffatt Ou or his agents, associates, relatives or others authorised by him are permanently restraint from remaining on or doing anything on PN 209-004-36 or from interfering with claimant’s enjoyment of PN 209-004-36.

4.4. Damages to be assessed separately, plus interest.

4.5. Cost of this proceeding against the defendants on standard basis.

THE COURT

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JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] See Exhibit GK 5 and GK 6 of statement by Gabriel Kaimauri filed 24/02/2015.
^[2] See Exhibit GK 7 for receipt of payment claimant made.
^[3] See Exhibit GK 8.