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Lovi v Lovi [2013] SBHC 71; HCSI-CC 501 of 2010 (26 June 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No: 501 of 2010

BETWEEN:

DELMA LOVI
Claimant

AND:

ALBY LOVI
Defendant

Date of Hearing : 28 May 2013
Date of Ruling : 26 June 2013

Mr. Hauri'i for the Claimant
Mr. Marahare for the Defendant

RULING

1. This is an application filed by the Claimant on 14 June 2012 for the following orders: (1) An order to set aside the struck out notice issued by the Registrar of the High Court; (2) An order for reinstatement of this matter in court to take normal cause of proceeding; and (3) Any other order deems just and fit by the court.
   
2. The Claimant and the Defendant were living together as husband and wife in or about 1989 and 1990. They both contributed to the construction of a four bedroom house on a 50% undivided shares each in Parcel Number 191-0347-55 in Honiara in Solomon Islands. This contribution was in a form of a joint housing loan from the Solomon Islands National Provident Fund obtained on or about the second half 1990. The Claimant then resigned from her job and stayed at home to look after the children and sold fish at the market while the children were attending school. With the money she earned from the sale of fish, she paid for the cost of construction of three bedrooms, a shared shower, toilet room and a kitchen at the ground floor of the house. Since 1991 to 2004, the Defendant has used the ground floor of the house free of charge and then since 2005 up to now the Defendant has used the top floor of the house free of charge as well.
   
3. In her claim filed on 8 December 2010 the Claimant seeks relief for (1): 50% of all the money personally received by the Defendant for the rentals from 2007 up until now in respect of both the ground floor and the top floor of the house and (2): Mesne profit for the use of the house.
   
4. HM Lawyers filed Notice of Change of Counsel on 30 March 2012. No steps were taken by the Claimant who was in Papua New Guinea. And accordingly the claim was struck out on 1 April 2012 pursuant to rule 9.72 (d) of the Solomon Islands Court Rules of 2007.
   
5. Mr. Hauri'i says that he was not served with the notice to show cause why the Claim should not be struck out. This position was not disputed by Counsel for the Defendant.
   
6. The Claimant has a claim to litigate before the court. To refuse her application would result in serious injustice to her because she would be deprive of her interests in the property. There is no evidence that Mr. Hauri'i has been served with any show cause notice. No copy of such notice is in the court file. In the circumstances, the court will exercise its discretion to reinstate the Claimant's case.
   

Order:
1. Notice of striking out of this claim is set aside.
2. Civil Case No. 501 of 2010 is reinstated.
3. The case is set for mention at 9:30 am on 4 July 2013.

THE COURT