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Talau v Fiualea [2018] SBHC 89; HCSI-CC 372 of 2013 (19 October 2018)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Case No.372 of 2013

NELSON TALAU AND NEROLYN
Claimant

IVARHA RAY

(Previous registered owner of fixed term estate 191-039-1034)
First Defendant

MARY FIUALEA AND ROLAND FIUALEA
Second defendant

ATTORNEY-GENERAL

(Representing owners of fixed term estate 191-039-1034)
Third Defendant

ATTORNEY GENERAL
(Representing the Registrar of Titles)

Date of Hearing:
Date of Decision:

Mr B. Upwe for the Claimant
Mrs M. Bird for the First Defendant

DECISION ON ASSESSMENT OF DAMAGES

Faukona, PJ: On 22^nd September 2017, this Court delivered a judgment in favour of the Claimants against the first Defendant, on the issue of construction of the ten cement posts which ought to be quantified through an assessment process.

2. The assessment then forms the basis whereby which the Counsels were given an opportunity to argue what the likely costs would be in erecting ten (10) cement posts. Two sworn statements had been filed in support of both arguments.
3. It was agreed that the costs of erecting the posts are based on records of costs of materials, required including labour costs.
4. There are three individual assessments by three persons supported by their sworn statements. The first Defendant out of her own knowledge stated that the cost of erecting four posts in 1998 was $4200.00, (for 10 posts should be $10,500.00). Obviously, the veracity of that statement is more than doubtful and not substantiated.
5. The Claimant attested that having considered all the components required to construct one cement post including food, water, transport and labour; the cost of one post is $3,841.85, for 10 posts would amount to $38, 418.50.
6. There was also an independent assessor by the name of Daniel Maekali who professed himself as an owner of a construction company. He did file an assessment report of the cost of material used and was attached as Exh. “Dan 1” and attached to his sworn statement filed on 27^th July 2018. In his final assessment he concluded that the cost of constructing one post cement is $1,138.00. The value was the total cost of materials used. For 10 posts the total cost should be $11,380.00
7. It was agreed by Counsels that the break down assessment attached to the sworn statement of the Claimant, Mr Talu, were unit prices shown in item (1) to (4) and item (6).
8. Having considered the various assessment breakdowns and the figures which differs quite substantially, I concluded that the figures contrasted by the Claimant is more realistic considering the unit prices were obtained from Bowmans Ltd. see “Exh. NT1”
   • 1). Cement 40kg bag @ $47, for 4 bags = $188.00
   • 2). Steel rod deformed wire @ $58.55, for 5 = $292.75
   • 3). Steel rod plain @ $18.90, for 5 = $94.50
   • 4). Tire wire @ $35.00, for 1 =$35.00
   • 5). Mixed gravel ½ cubic at $200.00 = $200.00
   • 6). Angle m/steel iron @ $735.30, for 10 posts= $7,353.00
   • 7). Food= $100.00
   • 8). Water = $50.00
   • 10). Transport = $200.00
   • 11). Labour (for 5 person) = $2,000.00
   • Total for 10 posts= $10,313.25
9. With the final assessment I hereby award assessment of damages in terms of $10,313.55 against the first Defendant with costs. The total cost is for all the items above for the construction of 10 cement posts which is the subject of this assessment of damages.

ORDERS:

(1) Assessment cost of constructing 10 posts is $10,313.25 awarded to the Claimants to be paid by the first Defendant.
(2) Undisputed legal cost of $19,000.00 payable to the Claimants by the first Defendant.
(3) Cost of this hearing is to be paid by the first Defendant to the Claimants.

THE COURT.
..................................
REX FAUKONA
PUISNE JUDGE