Xia Weifeng v Zama [2022] SBHC 24; HCSI-CC 525 of 2021 (8 June 2022)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Xia Weifeng v Zama
Citation:
Date of decision:	8 June 2022
Parties:	Xia Weifeng v Lepese Zama
Date of hearing:	8 June 2022
Court file number(s):	525 of 2021
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Lawry; PJ
On appeal from:
Order:	1. The Application for Default Judgment is granted. 2. The Defendant and those who may claim through him are to vacate the property and are hereby evicted from the property FTE 097-005-0137 by 30 June 2022. 3. The Defendant is to dismantle and remove all structures erected on the property at his own cost. 4. Any structures not removed from the property by 30 June 2022 may be removed by the Claimant and destroyed and the Defendant shall pay the costs of such removal and destruction. 5. The Defendant, his family, relatives, servants and agents and anyone claiming on his authority are permanently restrained from entering the property after 30 June 2022. 6. The Defendant, his family, relatives, servants and agents and anyone claiming on his authority are permanently restrained from interfering with or preventing the Claimant from accessing and entering the property from the date of this order. 7. Damages for trespass or mesne profits shall be assessed and paid by the Defendant to the Claimant. 8. The Defendant shall pay the costs of this application on an indemnity basis. If those costs are not agreed, then they are to be assessed.
Representation:	Mr L Hite for the Claimant No Appearance for the Defendant
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IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 525 of 2021

BETWEEN

XIA WEIFENG
Claimant

AND:

LEPESE ZAMA
Defendant

Date of Hearing: 8 June 2022
Date of Decision: 8 June 2022

Mr L Hite for the Claimant
No Appearance for the Defendant

JUDGMENT

1. On 13 September 2021 the Claimant filed the claim in this proceeding. It was served on the Defendant on 16 September 2021. The Defendant has taken no steps in relation to the proceeding. On 19 May 2022 the Claimant filed an application for default judgment to be entered.
2. Counsel recorded in both oral and written submissions that the application has also been served on the Defendant although it was not necessary to do so.
3. The claim is for the Defendant to vacate the property being parcel FTE 097-005-0137 [“the Land”] which he is said to be occupying as a trespasser.
4. The Commissioner of Lands granted the fixed term estate in favour of John Francis Lubara on 21 December 2015. It seems that the Defendant was hopeful that the fixed term estate of the land would be granted to him.
5. On 13 October 2020 Mr Lubara sought the consent of the Commissioner to transfer the land to the Claimant. The Commissioner granted consent to transfer the fixed term estate to the Claimant on 29 January 2021. The required stamp duty was paid on 16 February 2021. On the same day the fixed term estate was transferred to the Claimant.
6. The Defendant was occupying the land with his family and others. By letters dated 26 February 2021, 24 March 2021 and 10 August 2021 he was given notice to vacate the land. He has not done so. The Claimant has met with the Defendant and still he has not vacated the property.
7. The title to the fixed term estate records no interest that the Defendant may have in the estate since the grant of the estate to Mr Lubara. The Claimant is entitled to vacant possession of the estate.
8. I am satisfied that it is appropriate to enter judgment in favour of the Claimant. The Defendant will be given until the 30^th day of June 2022 to vacate the land and remove any of the fixtures he has erected on the property. I understand he is prepared to vacate the property but would like the Claimant to meet the costs of his relocating to another property. The Claimant is not required to assist with such costs. She has been prevented from enjoying the estate by the actions of the Defendant. She is entitled to damages for the trespass on the property since 16 February 2021.

Orders

1. The Application for Default Judgment is granted.
2. The Defendant and those who may claim through him are to vacate the property and are hereby evicted from the property FTE 097-005-0137 by 30 June 2022.
3. The Defendant is to dismantle and remove all structures erected on the property at his own cost.
4. Any structures not removed from the property by 30 June 2022 may be removed by the Claimant and destroyed and the Defendant shall pay the costs of such removal and destruction.
5. The Defendant, his family, relatives, servants and agents and anyone claiming on his authority are permanently restrained from entering the property after 30 June 2022.
6. The Defendant, his family, relatives, servants and agents and anyone claiming on his authority are permanently restrained from interfering with or preventing the Claimant from accessing and entering the property from the date of this order.
7. Damages for trespass or mesne profits shall be assessed and paid by the Defendant to the Claimant.
8. The Defendant shall pay the costs of this application on an indemnity basis. If those costs are not agreed, then they are to be assessed.

By the Court
Justice Lawry
Puisne Judge