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Metia v Finikaso [2015] TVHC 4; HC Civil Case 4.15 (18 March 2015)

IN THE HIGH COURT OF TUVALU
At Funafuti
Civil Jurisdiction

HC. Civil. Case no. 4/15

Between:

Penieli Lotoala Metia (as administrator of the estate of the late Lotoala Metia)
Judgment Creditor

And:

Taukelina Finikaso
Enele Sosene Sopoaga
Maatia Toafa
Faauoa Maani
Monise Laafai
Vete P Sakaio
Namoliki Sualiki
Judgment Debtors

National Bank of Tuvalu
First Garnishee

Tuvalu National Provident Fund
Second Garnishee

EX-PARTE APPLICATION FOR GARNISHEE ORNER NISI

BEFORE THE JUDGE

Mr. Isala T. Isala for the Judgment Creditor

This ex parte application for garnishee orders was filed in the Court yesterday, pursuant to Order 48.

Rule 1 (in part):

"The Court may, upon the ex-parte application of any person who has obtained a judgment or order for the recovery or payment of money, either before or after any oral examination of the debtor liable under such judgment or order, and upon affidavit by himself or his advocate stating that judgment has been recovered, or the order made, and that it is still unsatisfied, and to what amount, and that any person is indebted to such debtor, and is within the jurisdiction, order..."

The debts alleged are the result of a judgment which the late husband of the Applicant obtained against several defendants.

The late Judgment Creditor, Lotoala Metia, left no will. There is, accordingly, no executor. Nor has an administrator (or the corresponding officer in Tuvalu) been appointed.

Although the heading of the Application describes the widow, Penieli Lotoala Metia as the "Judgment Creditor" yet she is not nor, as a matter of law, does she stand in place of the Judgment Creditor.

I have concluded that the lady has no standing to make the application.

After discussion with Mr. Isala I adjourn the application sine die. This will allow Mr. Isala to be further instructed and to take whatever action he is instructed to take.

The Application is adjourned sine die.

Date 18th day of March 2015.

_____________________
Hon. Robin Millhouse QC
JUDGE OF THE HIGH COURT OF TUVALU