David v Bule [2018] VUSC 137; Civil Case 260 of 2018 (27 June 2018)

IN THE SUPREME COURT Civil

OF THE REPUBLIC OF VANUATU Case No. 18/260 SC/CIVIL

BETWEEN: Tony Bruce David

Claimant

AND: Ephraim Bule

Defendant

Date: Wednesday, 27 June 2018

By: Justice G.A. Andrée Wiltens

Counsel: 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 27^th day of June 2018

BY THE COURT

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Justice G.A. Andrée Wiltens