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Vunuha Traders Ltd v Fox Tango [2003] SBHC 116; HC-CC 120 of 2003 (1 August 2003)

HIGH COURT OF SOLOMON ISLANDS

Civil Case Number 120 of 2003

VUNUHA TRADERS LIMITED

V.

FOX TANGO

High Court of Solomon Islands
(Palmer J.)

Date of Hearing: 1^st August 2003
Date of Ruling: 1^st August 2003

B. Upwe for the Plaintiff
M. Ipo for the Defendant

PALMER J.:This is an application for the interim preservation of property under Order 53 rule 1 of the High Court (Civil Procedure) Rules, 1964 (“the Rules”). I quote:

“When by any contract a prima facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured.”

The brief facts are as follows. The Plaintiff is the registered owner of the vehicle with registration number A3885 (“the Vehicle”). It is a one (1) tonne pick up truck, blue in colour. Ownership is not in issue; the Vehicle belongs to the Plaintiff and therefore entitled to claim possession of it.

The Defendant on the other hand had seized the said vehicle sometime ago. It is not clear under what grounds or authority this was done under. When the vehicle was in his possession, he carried out some work on it. Now there is a remedy in law called a lien, that a person who had been instructed to do work, but has not been paid for it, such as a mechanic that has been requested to carry out repairs on a vehicle but is not paid at the end of the day, may take by seizing or holding the property of another as security until his debts or services had been paid for. It appears that from the outset there is a problem with the defence and counter-claim of the Defendant in that it seems that the work done on the said vehicle was done on the initiative of this Defendant alone and not at the request of the Plaintiff. In spite of the absence of any contractual relationship between the two parties, the Defendant had asserted it seems a lien over the said vehicle for the cost of parts he claims he had replaced on the said vehicle.

Without prejudice to the determination of the issues which may be considered at trial of this case, it seems that his actions as they appear before me in this interlocutory proceeding cannot justify any seizure and control of the said vehicle. In the circumstances I am satisfied a prima facie case of liability has been established by the Plaintiff on one hand and on the other hand, a somewhat spurious right by the Defendant to be relieved partially from such liability.

This is a classic case for the granting of interim orders to preserve property. I grant the order sought. The said vehicle is to be surrendered to the Sheriff of the High Court by Monday 4^th August 2003 at 4.00 pm.

The Court.