Island Way Metal Works Ltd v Credit Corporation (SI) Ltd [2021] SBHC 143; HCSI-CC 398 of 2021 (7 September 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Island Way Metal Works Ltd v Credit Corporation (SI) Ltd
Citation:
Date of decision:	7 September 2021
Parties:	Island Way Metal Works Limited, Francis John Zama and Nellie Zama v Credit Corporation (SI) Limited
Date of hearing:	6 September 2021
Court file number(s):	398 of 2021
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Lawry; PJ
On appeal from:
Order:	1. The Application by the Claimants to Stay the Sale of Properties PN: 121-001-59 and PN: 191-019-261 is dismissed. 2. The Application by the Defendant to Strike out the Proceedings is granted 3. The Claimants are to pay the Costs of the Defendant on an Indemnity Basis.
Representation:	Mr. R Dive for the First and Second Claimants Mr A Radclyffe for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 398 of 2021

BETWEEN

ISLAND WAY METAL WORKS LIMITED
First Claimant

AND:

FRANCIS JOHN ZAMA AND NELLIE ZAMA
Second Claimants

AND:

CREDIT CORPORATION (SI) LIMITED
Defendant

Date of Hearing: 6 September 2021
Date of Decision: 7 September 2021

Mr R Dive for the First and Second Claimants
Mr A Radclyffe for the Defendant

Lawry; PJ

RULING

Introduction

1. On 16 July 2021 the Claimants filed an Application to Stay the sale of properties PN: 121-001-59 and PN: 191-019-261, together with and undertaking as to damages, a certificate of urgency and a sworn statement from Francis John Zama. The Defendant filed an application to strike out the Claim on 5 August 2021.
2. What appeared to be the Claim in this matter was in fact an annexure to the sworn statement of Francis John Zama. It was the Claim filed in separate High Court proceedings involving different parties.

Background

3. The Defendant had previously obtained judgment against the First and Second Claimants in civil proceedings 216 of 2019. In those proceedings the Court had ordered the sale by tender of the fixed term estate PN: 191-019-261. In separate civil proceedings 273 of 2019 the Defendant had obtained judgment against Jonathan Zama Aqorao, John Francis Zama (one of the Second Claimants in this proceeding) and Jonathan Zama. In those proceedings the Court had ordered the sale by tender of the fixed term estate PN 121-001-59.
4. Clearly any application to stay the sale of either property should have been brought in the proceedings which ordered that sale. The obligations to the Defendant following judgment being entered has not been met. It was totally inappropriate that fresh proceedings should be brought to interfere with the order made in those proceedings.
5. The Application for a Stay of the sale of the properties must be refused and the Application by the Defendant to Strike out the Claim must be granted.

Order of the Court

1. The Application by the Claimants to Stay the Sale of Properties PN: 121-001-59 and PN: 191-019-261 is dismissed.
2. The Application by the Defendant to Strike out the Proceedings is granted
3. The Claimants are to pay the Costs of the Defendant on an Indemnity Basis.

By the Court
JUSTICE HOWARD LAWRY
PUISNE JUDGE