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Ekea v Rofate'e [2024] SBLC 1; Local Court Case 1 of 1997 (20 August 2024)

IN THE LOCAL COURT OF SOLOMON ISLANDS

Case No: 1 of 1997

Between:

• Edward Ekea and Jemuel Misalo (Plaintiffs)
• Adriel Rofate’e (deceased) Represented by John Gwai Omani, Steven Binalu Rofate’e, Onesmus Omani Rofate’e and Bako Aofia. (Defendant)

FACTS

1. This case was filed with the Local Court on 12 March 1997 by the plaintiffs Edward Ekea and Jemuel Misalo against a chief settlement held at Mausunga Custom House on 23 June 1994.
2. The decision of the chiefs was in favor of the defendant, Mr. Adriel Rofate’e.
3. On 18 August 2015, the Local Court conducted a circuit and summoned the parties to attend. The plaintiffs did not attend, while the defendant's party was present.
4. The court adjourned the matter and listed it again for 20 August 2024.
5. On the rescheduled date, the plaintiffs again failed to appear, while the defendant's party attended.
6. The plaintiff did not provide the court with any reason to explain their absenteeism.

ISSUE

Whether the Local Court should make a ruling on this matter regarding the absenteeism of the plaintiffs.

REASONING

The parties were duly summoned, and the plaintiffs failed to appear on multiple occasions without any reason. The court finds that the continued absence of the plaintiffs warrants striking out the case.

ORDER

The court hereby orders that:

1. Case 1 of 1997 is struck out.
2. The chiefs' determination made on 23 June 1994 is upheld.
3. Each party shall bear their own costs.
   

Dated this 20th day of August 2024.

Signatures.

President: Nelson Nee

Member: James Onai

Member: Kenly Kena

Clerk: Wesley Ramo