Tonga Development Bank v Howard [2001] TOSC 7; C 0089 2000 (9 February 2001)

IN THE SUPREME COURT OF TONGA
CIVIL JURISDICTION
NUKU'ALOFA REGISTRY

NO.C.89/00

BETWEEN:

TONGA DEVELOPMENT BANK
Plaintiff

AND:

1. ALEXANDER HOWARD
2. JIMMY MATTHEWS AND
3. MELEANE MATTHEWS
Defendants

BEFORE THE HON. JUSTICE FORD in Chambers

HAVING HEARD Mrs Vaihu for the plaintiff, Mr Foliaki for 1^st defendant and Mr 'Etika for 2^nd defendant

IT IS ORDERED BY CONSENT THAT:-

1. If the finding of the Court is that the dwelling house is on the land included in the Deed dated 19/5/1997 then the first defendant is only liable for rent up to that date.
   
2. If the finding of the Court is that the plaintiff is the owner of the dwelling house then the first defendant is liable to the plaintiff for rental up to 4/12/98 in the agreed amount of $4,200.
   
3. The first defendant is excused from further appearance. The parties are to bear this own costs in relation to the matters covered by the order.
   

NUKU'ALOFA: 9^th February, 2001

JUDGE