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Solomon Islands Ports Authority v Bonagi [2021] SBHC 22; HCSI-CC 340 of 2020 (29 March 2021)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 340 of 2021

BETWEEN

SOLOMON ISLANDS PORTS AUTHORITY
Claimant

AND:

JOHN BONAGI
Defendant

Date of Hearing: 29 March 2021
Date of Ruling: 29 March 2021

Mr. J. Finau for the Claimant/Respondent
Mr. C. Rarumae for the Defendant/Applicant

Keniapisia; PJ

RULING ON APPLICATION TO SET ASIDE DEFAULT JUDGMENT AND TO STAY ENFORCEMENT

1. Claim to take back company house occupied by defendant was filed on 23/07/2020. No defence was filed in the time required by the Rules. So claimant applied for default judgment on 14/10/2020. Default judgment was granted and perfected on 26/10/2020. Defendant applied to set aside default judgment and to stay current enforcement on 17/02/2021.
2. By sworn statement evidence, defendant explained the reason for his lateness in filing a defence, was that, he went back to his village in Reef Islands, at the end of June 2020. And only returned to Honiara in October 2020. Defendant said he was illiterate, though he had consulted a lawyer in October 2020. Also defendant cannot understand the claim. I can condone lateness in filing a defence.
3. But the important consideration is whether defendant has any viable or meritorious defence. In the absence of a draft defence, I cannot ascertain what defence, if any defendant may possibly have. So I can rightly say there is no defence at all by the defendant. I asked Mr. Rarumae, if there is a draft defence. Counsel said there is no draft defence attached to the sworn statement. He did not indicate any knowledge of any draft defence at all.
4. Defendant got terminated from his employment via retirement on 1/11/2017. Instead of surrendering company house, he used to occupy during his tenure of employment, he is refusing to move out, despite notices to vacate, issued by the claimant. Claimant has been prejudiced by defendant’s continued occupation, of the company house. For claimant cannot re-allocate the company house to its other current employees.
5. So I will refuse the application to set aside default judgment and stay of enforcement with cost set at $1,000.00. Defendant may file a separate claim for retirement benefits still unpaid. But defendant must surrender company house as per the current default judgment orders.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE