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Tepaika v Dioko [1997] SBHC 63; HC-CC 143 of 1997 (28 October 1997)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 143 of 1997

JOHN PAUL TEPAIKA

V

SIOSI DIOKO

In the High Court of Solomon Islands
(LUNGOLE-AWICH, J)

Hearing: 28th October 1997
Judgment: 28th October 1997

J. Wasiraro for the Petitiner
R. Teutao for the Respondent

(Sam Lungole-Awich J):

Court
Leave to withdraw is now a matter of course because the Honiara Town Council, the body to which elections were held, has now been dissolved. It would have followed that parties would bear their own costs. There is, however, merit in the submission of learned Counsel, Mr Teutao for the respondent, that the Petitioner be ordered to pay costs because he excessively delayed until the dissolution intervened. Learned Counsel Mr Wasiraro pointed out paragraphs 2 and 3 of the affidavit of the Petitioner which seems to concede that the Petitioner unduly delayed in getting his petition dealt with by court. I shall order some costs payable by the Petitioner, but to a limited extent, to reflect the position that had the Council not been dissolved the Petitioner would have proceeded with his petition to finality. He will pay costs to the Respondent limited to $500.00 (five hundred). Security paid may be returned to the Petitioner except for $500.00.

Dated this 27th day of October 1998
At the High Court.
Honiara

Sam Lungole-Awich
Judge