Perriman v Tuilaepa [2010] WSSC 31 (17 June 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

DAVID PERRIMAN
businessman, and

SAGAIA PERRIMAN
his wife, both of Vaiteleuta.
Plaintiffs

AND:

GAIA TUILAEPA
accountant, and

PAI TUILAEPA
his wife, both of Vaiteleuta.
Defendants

AND:

PACIFIC ISLAND FURNISHINGS LIMITED
a duly incorporated company carrying on business in Samoa.
Third party

Counsel: T Atoa for plaintiffs
T K Enari for defendants

Hearing Date: 11 March 2009, 16, 17 June 2010
Judgment: 17 June 2010

ORAL JUDGMENT OF SAPOLU CJ

I have heard the evidence by the defendant Mr. Gaia Tuilaepa and the evidence by plaintiff Mr. David Perriman regarding the claim of $5000 by the defendant and I have come to the conclusion that the evidence by Mr. Perriman is to be accepted so that I will not make an award in favor of the defendant Mr. Tuilaepa of $5000 against the plaintiffs.

I accept what Mr. Perriman said that the reason why this so called debt of about $5000 went away was because of the reason that he told the Court and not because of any work done by Mr. Tuilaepa.

I give judgment for the defendant against the plaintiffs by consent in the sum of $797.

Counsel to file submissions as to costs in 10 days.

CHIEF JUSTICE

Solicitors
Kruse, Enari & Barlow Law Firm
Atoa Law