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Chow v Podarua [2013] SBHC 55; HCSI-CC 125 of 2010 (22 May 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 125 of 2010

BETWEEN:

MARY CHOW
Judgment Creditor

AND:

AGGIE PODARUA
Judgment Debtor
(Representing herself or Trading
as Tortila)

HEARING : 18 March 2013
RULING : 22 May 2013

M Tagini for Claimant
Defendant in Person

RULING

1. This is an application filed by the Claimant on 3 December 2012 for the following orders: (1) That leave be granted to sell the property in Fixed Term Estate in Parcel Number 191-013-12 jointly owned by the Judgment Debtor and Mrs. Ana Manuapangai. (2) costs of the application and (3) any other orders the court deems fit.

2. The Claimant obtained an order for damages in the sum of $350,000.00, being the amount of rental areas in respect of a building, situated at Point Cruz, on 3 August 2010. These arrears were never settled by the Defendant. As a result, the Claimant obtained a charging order against the Fixed Term Estate in Parcel No. 191-013-12, jointly owned by the Defendant and Mrs Anna Manuapangai on 27 November 2012. The Defendant did not repay the debt in spite of the charging orders. So the applicant, the judgment creditor, has come to this court by this application on 3 December 2012 for an order to sign and sell the Fixed Term Estate referred to above to repay the debt.

3. But there is a criminal case pending in the magistrate court regarding a fraud charge against the judgment creditor. It seems to the court that case links to the sum of arrears for which the judgment creditor is recover by selling the property referred to above. My view is that the criminal case be prosecuted first before any application for leave to sell the property is made. This is because the amount of the debt to be recovered may be lower than the current amount sought to be recovered.

4. In the circumstances, I would refuse to grant leave to this application with costs to the judgment debtor.

Order accordingly.

THE COURT