Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

  Download original PDF

Sugden v Orah - Orders [2024] VUSC 258; Civil Case 247 of 2024 (5 September 2024)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(CIVIL JURISDICTION)

CIVIL CASE NO.247 OF 2024

IN THE MATTER OF A MORTGAGE
AND
IN THE MATTER OF SECTION 59 OF THE LAND LEASE ACT

BETWEEN
ROBERT EDGAR SUGDEN
Claimant
Of Tasiriki, Port Vila
Claimant’s Address

AND
ALFRED ROLLAND ORAH
Defendant
Of Port Vila
Defendant’s Address

ORDERS

AFTER CONSIDERING the Claimant’s Claim and all the sworn statements in support of the Claim and for service by the Claimant and hearing from the Claimant in person and taking into account failure by the Defendants in filing a Defence, the Court is satisfied that the Claim is formally proved and accordingly the Court orders that:

1. An Order that the Claimant, as mortgagee, may, by such manner as he shall deem appropriate, sell and transfer the registered leasehold property, registered title No.12/0633/626 and his signature as transferor on any transfer of 12/0633/626 pursuant to this order, shall be sufficient to enable registration of the transfer.
   
2. An Order that the Claimant is entitled, pending sale and transfer, himself or by his agent authorized in writing by the Claimant for that purpose, to enter onto the property and act in all respects in the place and on behalf of the Defendant as registered proprietor and occupier on the property and to apply in reduction of the monies due and owing under the mortgage all or any rent that he receives in respect of the property.
   
3. An Order that if, three months after the date of these orders, no contract for the sale of the property has been obtained by the Claimants, the Defendant and his family shall vacate the property and, in the event that the Defendant does not vacate within two further weeks, the Claimant shall have liberty to apply to this Court for an eviction order.
   
4. An Order that the Claimant shall apply all monies that he receives by virtue of these orders as follows:
   
   • (a) Firstly in payment of the expenses occasioned by the sale and transfer, by going into possession and otherwise occasioned by implementing this order and including the costs of this application.
   • (b) Secondly, in payment of all moneys then due and owing to the Claimant by the Defendant in relation to the Deed and the expenses occasioned to the Claimant by its enforcement.
     
   • (c) Thirdly, in payment of subsequent registered mortgages and encumbrances (if any) in order of their priority.
     
   • (d) Fourthly, by paying the surplus funds (if any) into this Honourable Court pending further Order.
     
5. An Order that the Defendant pay Claimant’s costs (if any) and expenses of and incidental to these proceedings to be taxed if not agreed.
   
6. Such further or other Order as the Court deems necessary.
   

DATED this 5^th day of September, 2024

BY THE COURT