Nauka v Jockley [2013] VUSC 85; SC Civil Appeal 146 of 2012 (5 February 2013)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU
CIVIL APPEAL CASE No.146 OF 2012
(Civil Jurisdiction)
(Appeal from the Magistrate's Court)

BETWEEN:

SARAWEI NAUKA, CHARLIE JOSEPH & OTHERS
Appellants

AND:

FRED JOCKLEY, NOUIOU ISAIAH
Respondents

Mr Less Napuati for the Appellants
Mr Willie Kapalu for the Respondents

JUDGMENT

This is a notice of appeal against the decision of the Magistrate's Court dated 14 August 2012, issued at Isangel, Tanna. It seeks for orders that:

1. The Judgment be set aside in its entirety, and
2. The Respondent pay costs of the appeal
   

On the Grounds that:

1. The Court failed to take into account the Defendants response to the Application for summary judgment.

2. The Magistrate's erred in law in relying heavily on hearsay evidence.

An amended claim for damage for injuries sustained of Vatu 300,000 was made by the Respondents in the Magistrate's Court at Isangel, Tanna, on 3rd April 2012. A Defence was filed in Novmber 2011 on the initial claim.

The learned Magistrate entered a summary judgment in the amount claimed of VT 300,000 and costs of Vatu 8,000.

On the face of the Defence filed the Appellants did not disclose any defence to rebut the personal injuries caused to the Respondents by them. The Appellants simply denied the allegations and bring in different issues.

The Magistrate was correct in making summary judgment on liability but he was wrong on quantum as there was no material evidence to Justify the amount of Vatu 300,000 as the Respondent failed to file sworn statement in respect to damages sustained.

At the hearing of this appeal, both counsel agree on a quantum of Vatu 100,000.

Conclusion: The first ground of appeal is struck out.

The Second ground of appeal is partly successful with a damage agreed of Vatu 100,000 in favour of the Respondents.

ORDERS

1. The Appeal is partly successful in that the damage claimed is reduced to 100,000 vatu for the Respondents.

2. The Appellants to pay such amount of VT100,000 by 31 May 2013 to the Respondents.

3. There is no order as to costs.

DATED at Port-Vila this 5th day of February 2013

BY THE COURT

Vincent LUNABEK
Chief Justice