Dallu v Waleilia [2021] SBHC 19; HCSI-CC 556 of 2020 (19 March 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Dallu v Waleilia
Citation:
Date of decision:	19 March 2021
Parties:	Martin and Nelly Dallu v Victor Waleilia and Sipriano Waleilia, Attorney General
Date of hearing:	16 March 2021
Court file number(s):	556 of 2020
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Sivic Construction to pay $150,490.00 to Dallus, inclusive of other remedies sought plus costs. Dallus shall have leave to apply for default judgment against the Crown.
Representation:	Mr. L. Kwana for the Claimant/Applicant No Appearance for the First Defendant/First Respondent Mrs. V. Muaki for the Second Defendant/Second Respondent
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 556 of 2020

BETWEEN

MARTIN DALLU AND NELLY DALLU
(Trading as Dallu’s Electrical Service)
Claimant

AND:

VICTOR WALEILIA AND SIPRIANO WALEILIA
(Trading under business name Sivic Construction)
First defendant

AND:

THE ATTORNEY GENERAL
(Representing the Makira Ulawa Province Government)

Date of Hearing: 16 March 2021
Date of Ruling: 19 March 2021

Mr. L. Kwana for the Claimant /Applicant
No Appearance for the First Defendant/ First Respondent
Mrs. V. Muaki for the Second Defendant/Second Respondent

Keniapisia; PJ

RULING ON APPLICATION FOR DEFAULT JUDGMENT AGAINST FIRST DEFENDANT AND LEAVE TO APPLY FOR DEFAULT JUDGMENT AGAINST SECOND DEFENDANT (CROWN)

1. Dallus Electrical Service’s amended claim filed 23/10/2020 was served on Sivic Construction on 10/12/2020, at Kirakira station. There is no defence or response filed. And is going four months now. Dallus Electrical Service (“Dallus”) is entitled to $150,490.00 from Sivic Construction by default. This sum is in respect of electrical materials and monies Dallus gave to Sivic Construction, to enable Sivic Construction to complete, a boys dormitory at Pamua Secondary School.
2. What happened was that Makira Ulawa Provincial Government (“MUPG”) awarded a contract to Sivic Construction to build a boys dormitory at Pamua Secondary School on main land Makira. Sivic Construction proceeded to build the dormitory. Sivic Construction engaged Dallus to supply electrical materials and provided money, under some kind of contractual arrangements. Dallus acting under the said contract, supplied electrical materials and provided money to Sivic Construction. In other words, Sivic Construction entered into a supply contract with Dallus. It was a sub contract. Parties to that sub contract were Dallus and Sivic Construction. Sworn statement of Martin Dallu filed 8/02/2021, at Exhibit MD 02 was supposed to disclose a copy of the said contract. But copies of 3 letters of demand were exhibited instead.
3. As it turned out, Sivic Construction completed the dormitory. And received payment from MUPG^[1]. But failed to settle its dues to Dallus under the sub contract. So I will enter judgment for Dallus against Sivic Construction. There is no pleadings and evidence that the MUPG was privy to the sub contract between Dallus and Sivic Construction. Yet Dallus sought vicarious liability reliefs against MUPG. I cannot enter judgment against MUPG. Whether or not vicarious liability should also extend to MUPG for a contract, it was not privy to, become an issue for trial in the defence filed on behalf of MUPG. That defence was filed out of time on 5/03/2021. I will deal with late filing when Dallus will file application for default judgment against MUPG, following the leave that I granted today.
4. I am sensing that I will do a preliminary issue of law under Rule 12.11 at some stage, on whether MUPG will be vicariously liable for a breach of contract claim, which MUPG was not privy to? I am sounding this alarm so counsel can look ahead and prepare accordingly, when the right time comes.

Court orders are:-

5.1 Sivic Construction to pay $150,490.00 to Dallus, inclusive of other remedies sought plus costs.
5.2 Dallus shall have leave to apply for default judgment against the Crown.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

---

^[1] See defense of the MUPG filed 5/03/2021.