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Tatalani Builders Ltd v Bobby, SICOA-CAC 38 of 2019 (Appeal from HCSI-CC 9 of 2014) (12 August 2022)
effect of default judgment – default judgment means the case is at an end and the issue of liability is res judicata – once default judgment entered the cause of action is at an end and the parties are prevented from re-agitating matter before the court unless it was an application to set aside the…
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Attorney General v Speaker of Western Province Assembly, SICOA-CAC 33 of 2021 (Appeal from HCSI-CC 614 of 2021) (12 August 2022)
interlocutory order – where interlocutory order had effect of a final order – where interlocutory order had finally determined the rights of parties without hearing the substantive claim for judicial review contrary to rule 7.1 of Solomon Islands Courts (Civil Procedure) Rules 2007 judicial review – supervisory jurisdiction of the Court – power to review…
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Bank of South Pacific Financial Group v Star Horizon Limited, HCSI-CC 258 of 2019 (30 September 2022)
default judgment – application to set aside default judgment – draft defence disclosed no prima facie defence or no arguable defence or no meritorious defence contract – loan – principal in breach of contract – liability of guarantor to satisfy principal’s obligations under contract counsel – submissions – counsel ran some very strange submissions –…
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Molea v Didao Development Corporation Ltd, HCSI-CC 48 of 2018 (9 August 2022)
judgment – interpretation – judgment order that defendants purchase claimants’ shares at a value to be determined by valuer – defendants did not purchase claimants’ shares since valuer determined value of shares 14 months ago – whether the judgment order required defendants to purchase claimants’ shares forthwith – whether the judgment order permits the claimants…
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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…