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Eagon Resources Development Company Ltd v Lukisi [2011] SBHC 184; HCSI-CC 244 of 2010 (9 September 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 244 of 2010

BETWEEN:

EAGON RESOURCES DEVELOPMENT
COMPANY LIMITED
Applicant

AND:

ROWSON LUKISI AND RICHARD LUKISI
(Representing the Liukana Tribe of Choiseul)
Respondents

Date of Hearing: 31 August 2011

Date of Judgment: 9 September 2011

Mr Hapa for the Claimant
Mr Rano for the Respondents

RULING

Mwanesalua J:

1. This is an application by the Applicant filed on 30 August 2011, for leave to file the Sworn Statement of Mr William Pita out of time.

2. The last day for the applicant to file Statement was on 22 August 2011. However, this statement was deposed to on 29 August 2011, and filed on 30 August 2011.

3. The Respondents submitted that Mr Pita was in Honiara on 15 August 2011 and should have given instructions to the Applicant's Solicitor on his Statement. Had he done that, the Statement would have been filed on time.

4. Mr Pita is the General Manager of the Applicant and made a Statement in support of the application. He gave two reasons for failing to file the Statement on time. The first, was because their solicitors were not able to complete the drafting of his Statement on 22 August 2011 because there was persistent power problems at Point Cruz. And the second reason was, because his daughter was sick from the night of 22 August to 28 August 2011. He was with his daughter during this period of time. There was medical evidence that her daughter was sick and went to the hospital for medical treatment during this period.

5. It is obvious that Mr Pita was with the Defendant's Solicitors during the day on 22 August 2011 to give a draft of his Statement to be filed that day. However, the work on the draft was not completed due to power blackouts that day.

6. The court considers that there were good reasons shown for filing the Statement late. The Statement is now in the court and order that is it effective for purpose of this case.

7. The Respondents are to pay the Applicant's costs of this application. Order accordingly.

Dated this 9th day of September 2011.

THE COURT