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Solomon Housing Ltd v William [2019] SBHC 81; HCSI-CC 386 of 2014 (4 October 2019)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 386 of 2014

SOLOMON HOUSING LIMITED
Claimant

V

LEONARD WILLIAM
Defendant

Date of Hearing: 4 October 2019
Date of Ruling: 4 October 2019

Mr. M Ipo for the Claimant
No appearance from Defendant or his Counsel Mr. C Rarumae

RULING ON APPLICATION FOR SUMMARY JUDGMENT

R. Faukona PJ: This is an application by the Claimant for Summary judgment, to summarily dismiss the Defense filed by the Defendant on 7^th December 2018.

2. On 24^th August 2019, in the presence of both Counsels, today’s date (4^th October 2019) was set for hearing of the Claimant application for further summary judgment filed on 13^th May 2019.
3. On today’s date, 4^th October 2019, the Counsel for the Defendant is not present. Capitalize on the Counsel for the Claimant has urged the court to proceed with his application. The court therefore permitted the Counsel to proceed.
4. On 29^th August when the case was adjourned for today both Counsel were aware of it on the ground that both were present. Despite that, the Counsel for the Defendant has failed to appear this morning.
5. Mr. Ipo has submitted that there was no reason conveyed to him by the Counsel of his absence. The same applies to the Court as well.
6. As I have permitted, premise on the actual situation, Mr. Ipo therefore applies for judgment which he did, on the ground the Counsel had failed to appear to defence the application for Summary judgment.
7. I have read the orders of the Court on 25^th April 2001 which clearly stated that the Defendant to pay the principle amount of $46,969.84 plus interest accruing until the amounts are fully paid, which include interest chargeable is 12%. The Defendant had failed to pay in full, therefore the interest accrued was charged to his account.
8. Schedule (9) of the Charge Agreement indicates that litigation fees be included and was charged into the Defendant’s account as well.
9. On time limitation, I agree with the Counsel that the loan period was matured on 1^st August 2018. Therefore this application including the claim falls within 20 years period before maturity counted from the date the loan was taken. Therefore the Defendant cannot rely on the principle of time limitation.
10. In concluding I therefore grant the application for summary judgment and dismiss the Defendant’s counter-claim. Award of $182,128-73 is hereby awarded to the Claimant in including costs against the Defendant.

THE COURT
JUSTICE R FAUKONA
PUISNE JUDGE