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Christian v Jacob [1998] VUSC 47; Civil Case 006 of 1992 (28 August 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Civil Jurisdiction)

Civil Case No.6 of 1992

BETWEEN:

BIDAL CHRISTIAN

Plaintiff

AND:

ALBERT JACOB

First Defendant

AND:

YANC JACOB

Second Defendant

AND:

NOEL JACOB

Third Defendant

DECLARATIONS AND ORDERS

UPON the Second and Third Defendants not being present either personally or by their Counsel;

AND UPON Hearing evidence from Mr Martin Buroro on behalf of the Plaintiff;

AND UPON Hearing the First Defendant in person;

AND Having satisfied myself that on evidence before the Court the First Defendant has no reasonable defence;

AND Having satisfied myself as to service on the Second and Third Defendants by Affidavit of Annie Stephens filed and dated 3rd June, 1998.

IT IS HEREBY DECLARED AS FOLLOWS:-

(1) That the Plaintiff herein is the lawful registered proprietor of the leasehold title No.03/K101/004 and that he is entitled to take up possession of the said property forthwith.

(2) That the Defendants herein jointly and severally together with all their relatives are squatters on the said property.

AND THE COURT DOTH ORDER as follows:-

(1) That the First, Second and Third Defendants together with all their relatives vacate the said property within 30 days from the date of this order i.e., before 26th September, 1998.

(2) That there be no order for damages or mesne profits.

(3) That the Defendants jointly and severally pay the Plaintiff's costs of and incidental to this Action to be taxed if not agreed.

DATED at Luganville, this 28th day of August, 1998.

BY ORDER OF THE COURT

OLIVER A SAKSAK

Judge of the Supreme Court


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