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Asset Management Unit v Ngwele [2003] VUSC 72; Civil Case 058 of 2001 (26 February 2003)

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

Civil Case No. 58 of 2001

IN THE MATTER OF: A Mortgage dated 4th October 1995

AND IN THE MATTER OF: The Land Leases Act [CAP. 163]

BETWEEN:

ASSET MANAGEMENT UNIT
Plaintiff

AND:

SAMPSON NGWELE
Defendant

JUDGMENT AND ENFORCEMENT ORDER

1. The Plaintiff as Mortgagee, be empowered to sell and transfer the leasehold property contained and described in Title Number 12/0911/128 by such means and in such manner as it shall deem fit.

2. Pending such sale and transfer the plaintiff, as mortgagee, or any agent or agents duly authorised by it in writing be empowered to enter on the said leasehold property and act in all respects in the place and on behalf of the proprietor of the lease.

3. The purchase monies to arise from the sale and transfer of the said leasehold property and the monies received (if any) by the Plaintiff pending such sale and transfer shall be applied:-

(a) Firstly, in payment of the expenses occasioned by the sale and transfer or going into and remaining in possession (as the case may be), including the cost of this application;

(b) Secondly, in payment of the monies then due and owing to the plaintiff as Mortgagee;

(c) Thirdly, in payment of subsequent registered mortgages or encumbrances (if any) in order of their priority;

(d) Fourthly, the surplus (if any) shall be paid into this Honourable Court pending further order.

4. The defendant is ordered to pay the costs of this application.

Dated at Port Vila, this 26th day of February 2003.

R. J. COVENTRY
Judge.