Home | Databases | WorldLII | Search | Feedback High Court of Solomon Islands

Attorney General v Egoro [2011] SBHC 100; HCSI-CC 117 of 2011 (3 October 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 117 of 2011

BETWEEN:

ATTORNEY GENERAL
(Representing Premier of Choiseul Province)
Applicant

AND:

ALISTER EGORO
Respondent

Date of Hearing: 25 August 2011
Date of Ruling: 3 October 2011

Ms Linda Foloaumoetui for Applicant
No appearance for Respondent

RULING

1. This is an application filed on 1 August 2011 for the following orders-
   
   • (1) An order of default judgment against the Respondent.
   • (2) An order for recovery of possession of land against the Respondent.
     
2. The Respondent, Alister Egoro, signed a lease agreement with the Applicant over Parcel No. 015-001-104 on Taro Island on 13 May 2005.
   
3. The lease was registered on 13 July 2006.
   
4. One of the conditions of the lease agreement was that the Respondent shall erect a building up to the minimum value of $60,000.00 for commercial purposes on the land (the building)
   
5. On or about 3 June 2010, as a result of the Respondent not erecting the building on the land, the Applicant gave notice to the Respondent, that the Respondent must erect the building within 3 months or the Applicant shall exercise his right to forfeit the land.
   
6. In June 2010 the Respondent had only built a leaf hut which would have cost approximately $10,000.00.
   
7. As a result of the Respondent not erecting the building, the Applicant filed legal proceeding in the High Court in which a statement of claim was filed on 1 April 2011.
   
8. The statement of claim was served on the Respondent by Beryl Qalokia on Tuesday 26 April 2011.
   
9. The Respondent has failed to file any response or defence.
   
10. The court will accordingly enter default judgment against the Respondent.
    

ORDER:

1. Grant orders 1, 2, 3 sought in the Applicant.

2. Respondent and other people living on the land are to remove their personal properties from the land.

3. People living on the land, inclusive of the Respondent, to vacate the land within one month of the date of this Ruling.

4. Respondent to pay Applicant's costs (if any).

THE COURT