David v Bule

Supreme Court

Civil
260 of 2018
27 Jui 2018

Justice Gustaaf Andree Wiltens
Tony Bruce David
Ephraim Bule
Mr Kapapa for the Claimant; No appearance for the Defendant

SUMMARY JUDGMENT

1. This Claim was filed on 31 January 2018 with a sworn statement in support by Mr David. The Claim was served on the defendant on 6 February 2018.

2. No steps have been taken by the defendant.

3. An Application for Summary Judgment was filed and served on 26 June 2018. A sworn statement in support was also filed.

4. Accordingly I grant the application for summary judgment and make the following orders:

- The Defendant, his immediate family members, agents and servants are to vacate Leasehold Title 11/OI33/037 within 28 days from today;

- The Defendant is to pay damages to the Claimant in the sum of VT 1,472,000 within 28 days from today; and

- The defendant is to pay interest on the sum awarded at the rate of 5% per annum from today until it the amount is paid in full.

5. The Claimant is entitled to costs – they are to be taxed if not agreed.

Dated at Port Vila this 27th day of June 2018
BY THE COURT


………………………………………….
Justice G.A. Andrée Wiltens