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Dettke v Bartlett, SICOA-CAC 12 of 2021 (Appeal from HCSI-CC 152 of 2012) (4 November 2022)
want of prosecution – lawyer representing claimant withdrew – claimant delayed to obtain replacement lawyer for over 3 months – delay by claimant to obtain replacement lawyer demonstrated lack of diligence and expedition and was unacceptable – claimant delayed by over 7 months to file application to reinstate claim after claim was dismissed – delay…
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Ngalavole v Attorney General, SICOA-CAC 23 of 2021 (Appeal from HCSI-CC 236 of 2021) (4 November 2022)
late service of notice of appeal – whether to condone late service – late service may be condoned where good reason is shown – good reason may include actual practical difficulty in personally serving respondent residing in the provinces – no good reason to condone late service given
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LB Construction and Joinery v Attorney General, SICOA-CAC 21 of 2021 (Appeal from HCSI-CC 208 of 2019) (4 November 2022)
security for costs – security for costs unpaid – over 12 months since security for costs should have been paid – time to challenge amount of security for costs is at directions hearing – counsel admits that appellant would not be able to pay security for costs even if given further time – unacceptable and…
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Maka v Malaita Customary Land Appeal Court, SICOA-CAC 6 of 2020 (Appeal from HCSI-CC 261 of 2012) (4 November 2022)
dismissal of appeal – whether single judge has power to dismiss appeal – deciding not to grant leave to appeal is not determining an appeal – until leave to appeal and notice of appeal is filed there is no appeal on foot – counsel submission quite simply wrong – counsel submission borders on incompetence or…