HIGH
COURT OF SOLOMON ISLANDS
p>
Civil
Case No. 114 of 2000
NATIONAL BANK OF SOLOMON
ISLANDS
class=lass="MsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1">
v
JOSEPH KAIRORONGA
p class=lass="MsoNormal" style="margin-top: 1; margin-bottom: 1">
High
Court of Solomon Islands
Before:
F. O. Kabui, J
Civil
Case No. 114 of 2000
Hearing:
sup>th April, 2001
Judgment:
12th April, 2001
B.
Titiulu for the Plaintiff
Defendant
not present
JUDGMENT
(Kabui,
J.):
This is an application by the Plaintiff by Notice of Motion filed on 2nd
February,2001. The Notice of Motion seeks the
following orders �
1.
p; Leo enter judgment ment ment in default of appearance;
cl
2.
&nbs; The Plaintiff have lea selo sell the Fixed Term Estate in Parcel No.
097-005-145 by tender;
3. nbsp;
o Ndetento be
accepted without the fr lea a Jun Chambers;><
/p>
p cl
4.
&nbp; The Defendant immediadelivdeliver vacant possession of Parcel No.
097-005-145 to the Plaintiff,
/b>
5.
  &nbssp;&nThp; The Defendantndant, his servants, agents, invitees, licensees or others
entering Parcel No. 097-005-145
under the authority of the Defendant
forthwith vacate same and forthwith remove all their chattels from same;
6.
&nbs; &nbbsp;& Thp; The Defendantndant, his servants, agents, invitees, licensees or others
entering parcel No. 097-005-145,
under the authority of the Defendant be
permanently restrained fnterie same;>
7.
&nbbsp; bsp; Thp; The Defendant pey the Plaintiffs cost of and in connection with this
application
pan lann lang="EN-GB" style="font-size: 12.0pt; lpt; letteretter-spacing: 0pt"> <
The
Noti Motion was served on the Defendant on 1st March, 2001 at 1 at 10:00
a.m. at Gizo in the Western Province. The
service was effected personally
upon the Defendant by one Michael Kahamana, an employee of the Plaintiff at
the Gizo Branch. The
service of the Notice of Hearing was also effected by that same Michael
Kahamana upon the Defendant
personally at Gizo in the Western Province. The
date was 9th April, 2001 and the time was 4:15 pm.
The Facts
By an agreement dated 12th
August, 1993, the Plff granted an overdraft fact facility of $50,000 to the
Defendant. The term of this overdraft was
that the Defendant would repay the
loan with the interest rate of 15.75% per annum. A charge was registered
over Parcel
No. 097-005-145 situated at Gizo as security for the repayment
of the loan.
By 2nd September,
1998, the Defendant'sdraft facility had increased to $56,047.67 and the
Pl Plaintiff demanded full repayment
of the loan. By 11th April,
2000, the amount outstanding came down to $45,471.21 by which time the
interest rate was increased to 18% per
annum as a penalty interest rate. The
Plaintiff now seek to enforce the registered charge over Parcel No.
097-005-145
against the Defendant.
Relief Sought
As is always the case, the
plaintiff is entitled to en a charge under section 171n 171(1) of the Land and Titles Act
(Cap. 133). By section 171(2) of the Act, the Court is empowered to order,
amongst other things, the sale of the interest
charge to satisfy the chargee�s debt. The Plaintiff is in fact asking the Court to exercise its
power under section 171 of
the Act above. I am satisfied that this is a case
where the plaintiff is entitled have a judgment in its favour. In exercising
my power under Order 13, rule 11 of the High Court (Civil Procedure) Rules
1964 (the High Court Rules), I grant leave
for judgment to be entered
against the Defendant in default of appearance. I would disregard the
judgment entered in
default of appearance signed by the Registry on 9th
July, 2000 as being unprocedural in terms of Order 13, rule 6 of the High
Court Rules. The Orders sought in the Plaintiffs
Notice of Motion are
thereby granted.
Judge
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