p align="center" ter" style="margin-top: 1; margin-bottom: 1">HIGH
COURT OF SOLOMON ISLANDS
p align="center" style="margin-top: 1; margin-bottom: 1">Civil Case No. 179 of 1996
>
ANTHONY CARMEL
ign="center" styl styl style="margin-top: 1; margin-bottom: 1">
v
NARAYAN SATYA
yle="margin-top: 1op: 1; margin-bottom: 1">Before: Awi: Awich, J
Hearing: 19 September 1996
Counsel: A Nori for the Plaintiff;
A Radclyffe for t Defendant
RULg>RULING
AWICH, J:
Leave is not required, this being an interlocutory
judgment, but in which injunction was decided upon, in
this case
refused. Plaintiff may appeal. It is advised
that the substantive case be pursued with speed.
Application for order that rental arrears now held in
trust by plaintiffs solicitor, be paid to defendant is
granted
and it is ordered that rental arrears now in
trust be paid by plaintiffs solicitor to solicitor for
defendant to
hold in trust and may pay to defendant. The
sum representing tax due from the rentals be withheld by
plaintiffs
solicitor who shall pay the withheld tax to
the relevant tax authority.
The application for summary judgment is refused. The
facts of the case treadles through several months and
into
years. Upon testifying in court the contested facts
might turn out clearer. The case is not hopeless.
The court sees no reason why defendant should be
denied entry to his premises for purposes of inspection.
Plaintiff
admits that defendant is lessor, although
adding that defendant intended to sell, which even by his
case is not
yet concluded. It is ordered that defendant
may enter premises upon giving of 4 days notice or of
such lesser period
as parties may agree, for purposes of
inspection in the normal way lessor is entitled to.
Defendant may seek assistance
from the police.
this Thur Thursday the 19th day of September 1996.
Sam Lungole-Awich
Judge
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