High Court of Solomon Islands
Before: F.
O. Kabui, J
Civil Case No: 91 of 2001
Hearing: 1st August
2001
Ruling: 1st August
2001
C. Hapa for the Plaintiff
A. Tongarutu for the Defendant
RULING
(Kabui, J): The Defendant filed
a Notice of Motion osup>st July 2001 seek seeking the following
orders-
1. &nnbsp;; bsp; Leave be entered for
th the Defendant for enlargement of time to file Defence to the Plaintiffs Statement
of Claim.
2. &nbssp;&nnbsp;; bsp; Such Such Such other Orders as
the Court deems fit to make.
3.ot;"> &nnsp;&&nsp;;&nspp;&nssp;&nsp;
Con thi caus cause
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>
Brief Facts
The Plaintiff filed a Wr
Summons and Statement of Claim on 21st May 2001 claiming against
th the Defendant the recovery of $87,144.81 plus interest. The Plaintiff also
seeks leave
to sell fixed-term estate in Parcel No: 191-001-27 to redeem the
Defendant�s liability in the sum of $87,144.81 plus interest
above. Mrs.
Tongarutu entered a Memorandum of Appearance on 12th June 2001.
The Defendant having failed to deliver defence within 14 days, the Plaintiff
filed a
Notice of Motion on 24th
July 2001 seeking leave to enter judgment in default of defence under Order
29, rule 2 of the High Court (Civil Procedure)
Rules 1964 (the High Court
Rules).
The hearing date was fixed for
today at 9:30 am.
Leave to
fefence
By affidavit filed on 31st
July 2001, Mrs. Tongarutu deposed to act that she was not in Honn Honiara
between 12th June2001 and the first week of July 2001. She said
that the Defendant was absent from Honiara on her return to Honiara. She
said the Defendant was due to return to Honiara at the end of July. She
however did not say where the Defendant had gone.
However, the essence of
Mrs. Tongarutu�s case is that she had not had the opportunity to take
instructions from the Defendant
and so the opportunity to discuss the
viability of a defence, if any, was still amiss to date. On this basis, I
would
like to extend time to allow the Defendant to deliver her defence. The
Defendant�s application succeeds and I grant leave accordingly.
I order that
the Defendant file her defence within 14 days from today. Cost be in the
cause.
F. O. Kabui
Judge
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