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Niumea v Maleko [2005] TVHC 14; Miscellaneous 1 of 2005 (15 October 2005)

IN THE HIGH COURT OF TUVALU
IN FUNAFUTI
Civil Jurisdiction

Misc No. 1 /05

Between:

Lotuga Niumea
Applicant

And:

Mafutaga Maleko
Respondent

And:

National Bank of Tuvalu
Garnishee

SUMMONS

To the abovenamed Garnishee, the NATIONAL BANK OF TUVALU.

WHEREAS the applicant in the Resident Magistrate’s Court held on Funafuti on the 19th day of August 2002 was awarded maintenance for herself and the infant child of the family and such maintenance was ordered to be paid by the respondent and he has made default in such payments since the month of August 2004 and the arrears now amount to the sum of $3,300.00.

AND whereas the applicant has sworn and filed an affidavit stating her belief that the respondent holds an account with you numbered 604282-30 and which she has reason to believe is in credit to a sum greater than the arrears stated above.

AND you are therefore indebted to the respondent in the sum so held.

YOU ARE HEREBY SUMMONED to appear before the Senior Magistrate’s Court to be held on Funafuti on the 28th day October 2005 at the hour of 0900 in the forenoon to show cause why an order should not be made upon you for the payment to the applicant of the debts due and payable from you to the respondent from the above numbered account or any other account with you held by the respondent or so much therof as will satisfy the debt due under the order of the Resident Magistrates’ Court.

AND TAKE NOTICE that from and after the service of this summons upon you all such debts are attached to answer the said order.

AND FURTHER TAKE NOTICE that if you pay to the Clerk of the Senior Magistrate’s Court the amount of such debts or as much thereof as will satisfy the arrears of $3,300 due under the said order of the Resident Magistrates Court at least three clear days before the day upon which you are summoned to appear, you need not appear before the Senior Magistrates Court and any further debts from you to the respondent shall no longer be attached.

Dated: 15th day of October 2005

CHIEF JUSTICE