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Taisia v Hahaga, HCSI-CC 587 of 2020 (23 August 2022)
application to strike out claim – to strike out a claim based on the claim having no cause of action the judge must assume the claim to be proved – whether claimant has standing to bring action – whether claim has cause of action – claimant alleging unlawful entry and unlawful logging activities by defendant…
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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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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…