Garimane v Solfish Ltd [2021] SBHC 20; HCSI-CC 683 of 2019 (19 March 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Garimane v Solfish Ltd
Citation:
Date of decision:	19 March 2021
Parties:	Benedict Garimane v Solfish Limited, Registrar of Titles
Date of hearing:	16 March 2021
Court file number(s):	683 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	That 70 hectares of the lease registered to Solfish on the Perpetual Estate Register (“PER”) of Parcel Number 192-005-25 under MOU executed on 12/10/2010 be rectified, as per intention in the MOU. Only 100 hectares is retained by Solfish under lease interests registered on the PER of Parcel Number 192-005-25 on 2/06/2011. Registrar of Titles to give effect to the above rectification on the PER of Parcel Number 192-005-25. Claimant is entitled to standard cost against first defendant only.
Representation:	Mr. G. Muaki for the Claimant/Applicant No Appearance for the First Defendant/First Respondent Mr. N. Ofanakwai for the Second Defendant/Second Respondent
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IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 683 of 2019

BETWEEN

BENEDICT GARIMANE
(Representing Himself and on behalf of the Registered Trustees)
Claimant

SOLFISH LIMITED
First Defendant

AND:

REGISTRAR OF TITLES
Second Defendant

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

Mr. G. Muaki for the Claimant/Applicant
No Appearance for the First Defendant/First Respondent
Mr. N. Ofanakwai for the Second Defendant/Second Respondent

Keniapisia; PJ

RULING ON APPLICATION FOR DEFAULT JUDGMENT

1. Claim was filed on 2/12/2019. Claim was served on defendants on 3/12/2019. It is going 2 years and there is still no defence from the first defendant. Second defendant filed defence out of time on 11/06/2020. But counsel Ofanakwai submitted that the Registrar of Titles is a nominal party. No substantive serious allegations are raised against the Registrar of Titles. Registrar of Titles was only made a party for the purpose of enforcement – in that rectification of registered interest is being sought in this claim. Claim sought rectification on the basis of mistake and or fraud alleged against first defendant. Only the Registrar of Titles can rectify the register.
2. Claimant applied for default judgment on 21/04/2020. But the application was stayed because there was settlement attempt. There is evidence of the settlement attempt. For in a sworn statement by Mr. Garimane filed on 24/11/2020, at Exhibit “2BG-1”, Mr Garimane deposed to a letter from first defendant’s General Manager, saying that Solfish was willing to release the 70 hectares from the 170 hectares that was registered in Solfish name under lease. That Solfish was willing to have the register rectified accordingly. By inference, Solfish was admitting to the claim.
3. That is an alternative remedy that claimant is after in this case, although claimant is also alleging other breaches of the MOU^[1], that underpins the lease transfer. A rectification for 70 hectares will almost satisfy the gist of the claimant’s claim. Other breaches of the MOU can be pursued through amicable means or subsequent litigations. For now I am satisfied to enter default judgment for claimant as follows:

3.1 That 70 hectares of the lease registered to Solfish on the Perpetual Estate Register (“PER”) of Parcel Number 192-005-25 under MOU^[2] executed on 12/10/2010 be rectified, as per intention in the MOU. Only 100 hectares is retained by Solfish under lease interests registered on the PER of Parcel Number 192-005-25 on 2/06/2011^[3].
3.2 Registrar of Titles to give effect to the above rectification on the PER of Parcel Number 192-005-25.
3.3 Claimant is entitled to standard cost against first defendant only.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] MOU refers to Memorandum of Understanding executed between Solfish Ltd and Thibo and Gaobata tribes for Partnership in Agriculture development on 12/10/2010.
^[2] See statement of Garimane filed 21/04/2020, Exhibit BG2, for copy of the said MOU.
^[3] See same statement, Exhibit BG1, for copy of PER of Parcel Number 192-005-25 for copy of lease.