Lulu v Uliane [2002] VUSC 58; SC 027-01 (25 February 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No.27 of 2001

BETWEEN:

GABRIEL LULU
First Plaintiff

AND:

DAVID LULU
Second Plaintiff

AND:

NOTPEREI ULIANE
Defendant

Coram: Before Mr Justice Oliver A. Saksak
Ms Cynthia Thomas – Clerk

Counsel: Mr Daniel Yawha of Counsel for the Plaintiffs
No Appearance by or for the Defendant.

FINAL JUDGMENT

The Plaintiffs obtained an interlocutory judgment in default of appearance and defence on 14^th September 2001. By Notice of Motion dated 7^th February 2002 the Plaintiffs seek to enter final judgment in respect of claims as per the Specially Endorsed Writ of Summons dated 10^th July 2001 as follows:-

1. An order that the Plaintiffs be allowed into their plantation (in accordance with the decision of the Supertuitano Council of Chiefs of 1996) and that the Defendant by himself, his servants or agents, relatives, families and friends be restrained forthwith from threatening, abusing, preventing and otherwise interfering with the Plaintiffs’ right to be on the property and from using their plantations.
   
2. That the Defendant pays to the Plaintiffs loss of economic benefit from not cutting copra selling fruits from fruit trees and loss of livestock since 1997 to date at a sum of VT1,225,500 or other appropriate sum as assessed on the date of judgment.
   
3. Interests at 4% per annum from 1997 to date of judgment.
   
4. Costs.
   
5. Any other Orders deems fit by the Court.
   

The Plaintiffs have filed an affidavit of service showing that the Defendant has been served and is fully aware of this Application today. He is not present. Under Order 13 Rule 2 an affidavit of service is all that the Court needs to see before proceeding to grant judgment by default or final judgment.

The sum of VT1,255,500 is made up of claims by the Plaintiffs under the following paragraphs:-

(a) Paragraph 11 – For loss of copra from 1997 = VT665.000.

(b) Paragraph 12 – For loss of marketing and eating = VT300.000 of fruits estimated at Vt300.000. However Mr Yawha sought leave to amend that sum by reduction to Vt100.000.

(c) Paragraph 13 – For loss of one goat and 13 = Vt390.000 heads of cattle at Vt30.000 per head.

With a reduction of VT300.000 to Vt100.000 the total sum claimed therefore is Vt1,155,000. That will be the final figure awarded to the Plaintiffs against the Defendant.

I therefore Order as follows:-

(1) That there be final judgment in favour of the Plaintiffs and that the Defendant pays the Plaintiffs the sum of Vt1,155,000.

(2) The Plaintiffs be allowed back into their plantations forthwith and the Defendant by himself, his servants or agents, families, relatives or friends be restrained from threatening, abusing, preventing and otherwise interfering with the Plaintiffs rights to be on their property and using their plantations in accordance with the decision of the Supertuitano Council of chiefs.

(3) The Defendant be required to pay interests on the judgment sum of VT1.155.000 at the rate of 4% per annum from 1997 to the date of judgment.

(4) The Defendant pays the Plaintiffs’ costs of the Application today.

(5) The Police be served with a copy of this Judgment and are hereby authorised to arrest the Defendant or his servants or agents, families, relatives or friends in the event of breach and have them brought to Court for contempt of Court.

DATED at Luganville this 25^th day of February, 2002.

BY THE COURT

OLIVER A. SAKSAK
Judge