Pereira v Chan Chui & Sons Ltd [2008] WSCA 2; CA 07 of 2006 (12 September 2008)

IN THE COURT OF APPEAL OF SAMOA
HELD AT APIA

CA 0 7/06

IN THE MATTER:
of the Land Registration Act 1992/ 1993

AND

IN THE MATTER:
of Caveat No. 1053x against dealings in respect of Parcel 210, Flur III Upolu and L/R 10/61, Plan 69U/IIIS of which CHAN CHUI & SONS LIMITED is the registered Proprietor

BETWEEN:

ANTHONY JOSE PEREIRA
of Alafua, Solicitor, C/- Fatialofa House, Saleufi
Appellant

AND:

CHAN CHUI & SONS LIMITED
a duly incorporated company having its registered office at Saleufi
Respondent

PLUS:

The Roman Catholic Bishop
for the time being of the Diocese of Samoa
Third Party

Coram: The Honourable Justice Baragwanath
The Honourable Justice Slicer
The Honourable Justice Fisher

Hearing: 12 September 2008

Counsel: T K Enari for Appellant
R Drake for Respondent
A Roma for Third Party

Judgment: 12 September 2008

ORAL JUDGMENT OF THE COURT

1. The respondent having being struck off the register subsequent to the judgment of the Chief Justice as 31st May 2006 there is no party against whom leave could be sought on this appeal which must be dismissed for that reason. It is common ground in any event that no stay of execution was obtained and the respondent was left free to sell as it deed. Any challenge to removal of caveat must therefore be an empty exercise.
   
2. The appeal is dismissed. There will be an order for costs of ST$100.00 in favour of the Roman Catholic Bishop for the time being of the Diocese of Samoa against Mr Anthony Jose Pereira and upon dismissal of the Appeal.
   

Honourable Justice Baragwanath
Honourable Justice Slicer
Honourable Justice Fisher