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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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Xhu Mindi v Attorney General, HCSI-CC 127 of 2019 (4 July 2022)
judicial review – preliminary issue of law – resumption of land – where Commissioner of Lands issued notice to resume land pursuant to clause 3 of grant instrument for public purpose – whether resumption contrary to section 71(1) of the Land and Titles Act and section 8 of the Constitution – Anthony Chee Ming Wong…
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Gaso Land Development Co-operative Ltd v Riupita, HCSI-CC 498 of 2018 (18 November 2022)
equitable interest over registered land – whether defendant held equitable interest over land and entitled to damages for trespass by claimant – where Commissioner of Lands had offered grant of fixed term estate in parcel to defendant – where defendant had paid the premium for the grant – payment of premium is acceptance of offer…
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Ganea v Maera, HCSI-CC 230 of 2022 (17 November 2022)
application for leave to file defence out of time – where claim was not served on defendant – where defendant had filed a draft defence 3 months out of time – not undue delay
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Theo v Tuki, HCSI-CC 353 of 2019 (9 September 2022)
application for joinder – controller of customs and minister and director of environment seeking to be joined as parties to the proceedings – where court had made previous order that claimant be permitted to sell and export illegally felled tubi trees to avoid wastage – where controller of customs seized tubi trees illegally felled preventing…
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Theo v Tuki, HCSI-CC 353 of 2019 (30 May 2022)
application for order to sell and export logs – where claimants are owners of customary land – where defendants hold felling license to log trees on claimants’ customary land – where defendants felled tubi trees in breach of felling license – where defendants subject to court order restraining them from felling or exporting tubi trees…
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Kuo Fung Chi v Emily Kuo Fung Li, HCSI-CC 50 of 2019 (26 May 2022)
application for declaratory orders – where there is no substantive claim before the court – where claim for rectification of title to land struck out for want of prosecution – where claimant in possession of land – where defendant is registered owner of land – where defendant did not make counterclaim – where defendant’s claim…
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In re Estate of Francis Feratelia (Feratelia v Feratelia) (Probate), HCSI-CC 432 of 2018 (11 October 2022)
probate – letters of administration – application for letters of administration by deceased’s wife – objection by deceased’s brothers – objector alleged that deceased had verbally requested that he take care of deceased’s estate – objector alleged that applicant would be influenced in administration of deceased’s estate by another family member and letters of administration…
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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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Piko v Attorney General, HCSI-CC 626 of 2019 (21 October 2022)
costs – application for costs – parties settled out of court – no consent order signed – no settlement agreement signed – no notice of discontinuance filed – parties relying on verbal statements as to terms of settlement – no reliance made on draft unsigned settlement agreement on court file – defendant paid claimant agreed…