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Mana v Gulf Three Ltd (201210245) [2024] SBHC 179; HCSI-CC 277 of 2022 (13 December 2024)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Case No 277 of 2022

BETWEEN:

JOHN MANA & JIMMY SEVESI
(Representing Tehakavaga Tribe)
Claimants

AND:

GULF THREE LIMITED (201210245)
First Defendant

AND:

GULF THREE LIMITED (1699)
Second Defendant

Date of Hearing: 23^rd August 2024
Date of Decision: 13^th December 2024

Mr Lazarus Kwaiga for the First and Second Claimants
Ms Jilian Sogedi for the First and Second Defendants

RULING ON STRIKE OUT

Bird PJ:

1. This is a case whereby John Mana and Jimmy Sevesi (Claimants) in their representative capacity are suing Gulf Threes Limited (201210245) and Gulf Three Limited (1699) (Defendants) for damages.
2. The cause of action emanated from the grounding of a barge belonging to the First Defendant on the shores and coastal portion of the Nukuma’anu customary land allegedly owned by the Claimants’ tribe.
3. The Defendants filed their Defence late but was consented to by the Claimants. On 26 September 2023, the matter was called for mention. I made several direction orders to progress it to trial. Pleadings were supposed to close upon the filing of a reply on 3 October 2023. Reply was filed three days after the due date.
4. Further directions for discovery, inspection, written questions and answers were also made. Those requirement were supposed to have been completed by all parties on 28 November 2023 and the matter was to be called again on 23 January 2024 for further directions.
5. The matter was not called on 23 January 2024 as scheduled because I was indisposed. It was called again on 30 July 2024. By that date none of the orders for disclosure, inspection, written questions and answers were complied with.
6. Mr Kwaiga appeared on behalf of the Claimants on 30 July 2024. There was no appearance for the Defendants. The court enquired on Mr Kwaiga why there was non-compliance of orders of 26 September 2023. No reasonable explanation was given. I made an unless order on the same day to be executed on 20 August 2024.
7. The matter was called again on 23 August 2024. There was no appearance for the Claimants. Ms Sogedi appeared for the Defendants. By then, only the Defendants have filed their sworn list of documents. The Claimants did not file any list of documents.
8. There was no reason given by Mr Kwaiga and or Mr Olofia who has carriage of the substantive matter for not appearing in court on the nominated day. No reason was given for their non-compliance of the unless orders.
9. Taking into account the above discussions, the Claimants claim filed on 22 July 2022 is hereby struck out under rule 8.19 of the Solomon Islands Courts (Civil Procedure) Rules 2007. I make no orders for cost because both parties have contributed one way or another on non-compliance of court orders.

THE COURT
Justice Maelyn Bird
Puisne Judge