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KHY Company (SI) Ltd v Scott [1991] SBHC 13; HC-CC 201 of 1990 (7 February 1991)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 201 of 1990

KHY COMPANY (SI) LTD

-v-

SCOTT AND PITAKAKA (Trading as VACKY Co.)

High Court of Solomon Islands
(Ward C.J.)

Hearing: 7 February 1991
Ruling: 7 February 1991

J. Corrin for the Plaintiff
A. Nori for the Defendant

WARD CJ: The Plaintiff claimed the balance of rent due under a written lease agreement. The writ was served on the Second Defendant on the 22nd October 1990 and judgment in default of appearance entered on 13th November 1990.

A writ of fifa was issued on 5th December 1990.

On 17th December the Defendant filed a summons to set aside that judgment. An affidavit by the Defendant was filed at the same time and subsequently, on 8th February, a defence was filed.

Miss Corrin suggests there is no affidavit of merits. I am satisfied the affidavit of the Defendant is such an affidavit. However, the defence pleaded is an oral agreement to vary a written agreement to lease land and I do not feel it discloses a prima facie defence.

Application refused with costs to plaintiff.

(F.G.R. Ward)
CHIEF JUSTICE