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Anea v Nadu [2007] SBHC 126; HCSI-CC 456 of 2006 (6 September 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 456 of 2006

JOSEPH ANEA

-v-

CHARLES FOX NADU, DOUGLAS KANO NELSON TAMOU
AND JOHN NALUE

Date of Hearing: 6 September 2007
Date of Ruling: 6 September 2007

Joseph Anea In person for Plaintiff
A. Fa’asau from Public Solicitor for the Defendant

RULING on application for leave to issue a writ of possession.

Brown, J: This application for leave to issue a Writ of Possession of the property of the Plaintiff relies on an affidavit by Mr. Joseph Anea. He is the registered owner of the property at White River, West Honiara for he was granted a fixed term estate in land parcel no. 191-001-251 on the 4 July 2006.

The defendants named in this Writ are in effect squatters on the land and have no authority of the land owner to remain.

The Public Solicitor has entered an appearance on behalf of the four named Defendants. No defence has been filed. On the 9 August I gave Mr. O’Shea from the Public Solicitors Office time to seek proper instructions from his clients, the named defendants. Mrs. Fa’asau has come to court today on the Public Solicitors behalf for Counsel O’Shea is unavailable. She properly represents the Defendants and has informed me, on the advice of the lawyer, instructions by the Defendants that they have no intentions of opposing this application.

In the circumstances it is proper for Ms. Fa’asau to convey this information for the Court has been mindful of the need to give the Defendants a chance to explain why they remain.

Consequently the summons may proceed today.

On the material in the Plaintiff’s affidavit I am satisfied I may make the order sought.

I accordingly make orders in terms of paragraph 1, 2, 3 and 4 of the motion. The Writ of Possession may issue forthwith but execution shall be delayed for 14 days to enable the Defendants to remove their structures presently on the land.

THE COURT