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Charlie v Kaltoi [2006] VUSC 23; CC 120 2005 (8 June 2006)

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

CIVIL CASE No.120 of 2005

BETWEEN:

JOSEPH CHARLIE
c/- Teouma Bush, South Efate
Claimant

AND:

Mr TOM KALTOI, Mr TOM KAWAI, IAPUT BOBE,
WILLIE IOUIOU, Mr IANI SIMON,
of Port-Vila, Vanuatu
First Defendants

AND:

MINISTER OF LANDS
Second Defendant

AND:

THE DIRECTOR OF LANDS
Third Defendant

The Claimant, Joseph Charlie is present but his counsel, Mr Daniel Yawha is not present
The First Defendants are not present nor represented
The Second and Third Defendants are not present nor represented

JUDGMENT

This matter comes before the Court for conference for the First time on 19 December 2005. Orders and Directions were issued for the First, Second and Third Defendant to file their defence.

On 13 March 2006, the Claimant filed an amended claim seeking the following:-

1. An Order against the First Defendants to refund an amount of VT200,000 being for the lease proceeds into the Trust Fund held by the Second and Third Defendants.
   
2. An Order restraining the Second and Third Defendants from releasing any further rentals of the Lease title No.14/2241/003 to the First Defendants or anybody or anybody until the competent Land Court decides on the custom ownership of the land, the subject of the lease.
   
3. An Order for costs
   

The Firs Defendants file no defence. The Second and Third Defendants filed a defence on 13 May 2006.

On 16 May 2006, during the Conference after discussions with Mr Daniel Yawha, counsel for the Claimant and Mr Tom Joe, counsel for the Second and Third Defendants, it becomes clear that the issue is the refund of Vatu 200,000 against the First Defendants. The Claimant has no other claim or relief against the Second and Third Defendants apart from the restraining Order as sought in the amended claim of 18 April 2006 and filed on 19 April 2006.

There were statements of service of the claim and Orders and Directions of the Court on the First Defendants. The First Defendants did not attend nor file any defence. Mr Daniel Yawha applied orally for default judgment. The Court directed him to file a written application in pursuant to the Civil Procedure Rules of 2002.

An application requesting for Default Judgment was filed on 18 May 2006. Mr Tom Joe informed the Court at that time that he would not oppose a restraining Order to be issued to maintain the status quo between the parties. The application for default judgment was listed on 8 June 2006 at 3.30PM o’clock. Mr Joseph Charlie, the Claimant attends the Conference. The First Defendants do not attend the Conference. They never attend any Conference although they were duly served with the amended claim. They filed no defence. There is no counsel of the State Law Office on behalf of the Second and Third Defendants on 16 May 2006.

I give audience to the Claimant in person on 8 June 2006 at 3.45PM. He applies for the Court to make the Orders he seeks by way of default judgment against the First Defendants.

I am satisfied that the claim as amended and other court documents were served on the First Defendants by the Claimant. The First Defendants have no defence and they filed no defence to the claim.

I am satisfied that a restraining Order if granted will maintain the status quo between the parties and protect the rights of the beneficiaries of the monies paid into the Trust Fund account held by the Second and Third Defendants until the land ownership which is the subject of dispute between the Claimant and the First Defendants is resolved.

ORDER

1. BY DEFAULT, the First Defendants refund VT200,000 into the Trust Fund Account held by the Second and Third Defendants on behalf of the land custom owners.
   
2. BY CONSENT, the Second and Third Defendants are restrained from releasing any future rentals of Lease Title 14/2241/003 to the First Defendants or anybody until further Order of the Court.
   
3. The costs are for the Claimant in VT10,000 against the First Defendants.
   
4. The First Defendants must pay VT200,000 to the Trust Fund Account held by the Second and Third Defendants by 15 July 2006 and the costs of VT15,000 to the Defendant by same 15 July 2006.
   

DATED at Port-Vila this 8th day of June 2006

BY THE COURT

Vincent LUNABEK
Chief Justice