Solomon Islands National University v Kea [2022] SBHC 113; HCSI-CC 125 of 2022 (9 December 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Solomon Islands National University v Kea
Citation:
Date of decision:	9 December 2022
Parties:	Solomon Islands National University v John Kea
Date of hearing:	9 December 2022
Court file number(s):	125 of 2022
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Lawry; PJ
On appeal from:
Order:	1. The Application to Suspend the Enforcement order dated 30 September 2022 is refused. 2. The Sheriff is directed to proceed with the enforcement of the order of the Court dated 23 July 2022. 3. The Defendant is to pay the costs of this application on an indemnity basis, if not agreed then to be assessed.
Representation:	Mr Radclyffe for the Claimant Mr G Muaki for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 125 of 2022

BETWEEN

SOLOMON ISLANDS NATIONAL UNIVERSITY
Claimant

AND:

JOHN KEA
Defendant

Date of Hearing: 9 December 2022
Date of Decision: 9 December 2022

Mr A Radclyffe for the Claimant
Mr G Muaki for the Defendant

RULING ON APPLICATION TO SUSPEND ENFORCEMENT ORDERS

1. On 5 July 2021 this Court heard an application for summary judgment. The application was granted. The decision was signed on 8 July 2021. For reasons that are unclear it seems the decision was not processed until 23 July 2022. In the decision the Defendant was directed to vacate the premises he occupied within 14 days. He failed to do so. Steps were taken to enforce that order. An enforcement order was issued by the High Court on 30 September 2022. And a notice of eviction was issued on 17 October 2022.
2. The Defendant has not vacated the premises. He has applied for a suspension of the enforcement orders. In his application he says that he has not been paid his repatriation fares which he says were part of the money he should receive pursuant to his contract. The Claimant offered to pay the sum of $24,000.00 a month ago. Whether he is owed money by the Claimant or not he was not entitled to remain in the property after his entitlement to accommodation ceased. He now says he will move out once he receives his repatriation fare.
3. The Court repeats he had no entitlement to remain in the premises in breach of the Court order. There has been nothing put forward to demonstrate that he has an entitlement to remain in the premises. The Court views his refusal to vacate the premises in breach of the Court order, most seriously. He was required to vacate in August 2021. The Claimant is entitled to recover from him the value of the accommodation he has enjoyed (without any entitlement) for the past 16 months as set out in the order dated 23 July 2022.
4. The application to suspend the enforcement order is refused.

Orders

1. The Application to Suspend the Enforcement order dated 30 September 2022 is refused.
2. The Sheriff is directed to proceed with the enforcement of the order of the Court dated 23 July 2022.
3. The Defendant is to pay the costs of this application on an indemnity basis, if not agreed then to be assessed.

By the Court
Justice Lawry
Puisne Judge