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Bilve v Memua [2025] SBHC 111; HCSI-CC 536 of 2022 (3 October 2025)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 536 of 2022

BETWEEN

RAY BILVE
Claimant

AND:

JOHN RONCY MEMUA
Defendant

Date of Hearing: 3 October 2025
Date of Decision: 3 October 2025

Mr. Gregory Muaki for the Claimant 3
No Appearance for the Defendant

RULING ON APPLICATION FOR ASSESSMENT OF DAMAGES

Bird PJ:

1. In this proceeding, default judgment was entered against John Roncy Memua (Defendant) on the 20^th September 2023.
2. The purpose of the hearing today is for assessment of damages pursuant to paragraph 4 of the orders perfected on the above date. Ray Bilve (Claimant) filed an application for assessment of damages on the 5^th November 2024. An amended application was thereafter filed. In support of the amended application was the Claimant’s sworn statement filed on the 13^th August 2025.
3. The Defendant was personally served with the sworn statement and the amended application. He has chosen not to respond. In effect, the Defendant has failed to take any active part in this proceeding from its commencement to current. He did not appear during hearing of the amended application.
4. In his amended application, the Claimant seeks an order for general damages in the sum of $240,000.00 and cost. The sworn statement he relies upon contained copies of receipts on moneys he has expended for rental in order for him to continue to operate his businesses. His businesses included a retail shop and a bottle shop. The receipts cover the period between 2010 to 2016.
5. Having perused the Claimant’s claim and the various sworn statements filed in this cause, the Claimant had through the purchase of the disputed land from the Defendant, commenced to construct a building. He has intended to operate all bis businesses from his building upon its completion.
6. The Claimant was unable to complete construction of the building because of continuous interference from the Defendant. He continued to operate his businesses anyhow and incurred costs as a result. I am therefore satisfied that the Claimant is entitled to general damages as enunciated in his amended application. I hereby award the sum of $240,000 as general damages in favour of the Claimant. I also award cost.
7. The orders of the court are as follows:
   1. The Defendant, Mr John Roncy Memua is hereby ordered to pay to the Claimant the sum of $240,000.00 as general damages.
   2. The Defendant is further ordered to pay for cost of this proceeding.

THE COURT
Justice Maelyn Bird
Puisne Judge