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Waneria v Waneria [2014] SBHC 57; HCSI-CC 52 of 2013 (28 May 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 52 of 2013

BETWEEN:

JOHN WANERIA
Petitioner

AND:

CATHERINE WANERIA (Kiko)
Respondent

AND:

PETER KENHURAIA
Co-Respondent

Date of Judgment: 28 May 2014

Mr. Keniapisia for the Petition
Ms Bird for the Respondent

JUDGMENT

The Petitioner and the Respondent were married on November 27, 1993. The Petitioner filed a petition for divorce and damages on 26 February 2013. The Petitioner sought divorce on the basis that the Respondent committed adultery with the Co-Respondent.

The first hearing on the case occurred on 3 May, 2013. Adultery was admitted by Respondent and decree nisi was granted to the Petitioner. The case was then adjourned to 21 June 2013 to file sworn statements to deal with the issue of damages. A sum of $15,000.00 was paid to Mr. Gannet who represented the Petitioner at the Central Police Station in Honiara. Further, the Co-Respondent had paid $4,000.00 to the Petitioner.

In all, the total of $19,000.00 had been paid to the Petitioner out of court for compensation for damage to his marriage by the Co-Respondent.

The case was adjourned for hearing on the issue of damages. Hearing on this issue was set for 21 June 2013. On that date, Counsel for the Petitioner sought adjournment to 16 July 2013. The case came to court again on 21 and 27 February 2014. Decree absolute is overdue in this case. Decree absolute is accordingly granted to the Petitioner.

THE COURT