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Chachavaka v Silvania Products (SI) Ltd [1996] SBHC 33; HC-CC 128 of 1996 (27 June 1996)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 128 of 1996

BENJILI CHACHAVAKA

v

SILVANIA PRODUCTS (SI) LTD
AND WESLEY CHACHAVAKA

Before: Awich, J

Hearing: 7 June 1996

Judgment: 27 June 1996

Counsel: C. Ashley for the Plaintiff;

D. Campbell for the Defendant

COURT ORDER

AWICH, J.:

Before the Hon. Mr Justice S. Lungole Awich at Honiara on Thursday 27th day of June, 1996. Having heard Mr C. Ashley of Counsel for Plaintiff, Mr D Campbell of Councel for the First Defendant and Mr A Nori of Counsel for the Second Defendant and having read the documents filed of record.

It is Ordered that:

1. Interlocutory injunction ordered on 30.5.96 is discharged. In its place a limited injunction is imposed requiring second defendant to pay to plaintiffs solicitor, an amount out of the $77,000 now in bank, equal to what family members in a meeting have agreed as due to plaintiff. The solicitor will hold that sum until determination of the case or until further order.

2. Second defendants to file in court certified copies of documents of purchase of the 2 houses referred to in his affidavit sworn (dated) 25.6.96 and filed the same day, in 7 days and to deliver copies to solicitor for plaintiff. In the event that the properties are transferred, they are not to be disposed of until determination of the case, and all profits from it to be retained until determination of case or further order.

3. Proceeds of the petrol business be dealt with only for business of the business and any profits realised be retained until determination of the case or until further order.

4. By consent the First defendant is dropped from the case. Plaintiff to file notice of discontinuance and to serve on the second defendant in 14 days.

5. Parties at liberty to apply to vary this order on 21 days notice.

Costs reserved.

Perfected and sealed this day of 1996.[sic]

SAM AWICH
JUDGE