Bongmegal v Nasuman

Court Supreme Court

Case type Civil

Case number 3828 of 2025

Hearing date 26 May 2026

Decision date 26 May 2026

Official PDF document

Judge(s) Justice Oliver Saksak

Defendant(s) Lionel Nasuman

Claimant(s) Pascal Bongmegal

Counsel Mr Andrew Bal for the Claimant; No appearance for the Defendant ( unrepresented)

JUDGMENT

1. This is a formal proof hearing.

2. By a Supreme Court claim fled on 11/12/2025 the claimant as the registered lessee of Lease 11/0G22/024 ( Lease 024) claims orders that:

a) The defendant remove all his possessions and properties from Lease 024, and
b) The defendant be evicted from Lease 024 if he does not remove himself and his properties.

3. The claim was served on the defendant on 9th March 2026 by Mr Bal and proof of service was filed on 10 March 2026.

4. Directions were issued on 31st March 2026 requiring the defendant to file and serve a response and a defence by 28 March 2026. No response or defence were filed. On 30th April 2026 the Court fixed the matter for a formal proof hearing on 26th May 2026.

5. Mr Lorenzo Moli filed a notice of beginning to act for the defendant on 19th May 2026 but he did not attend the formal proof hearing.

6. The claimant relied on his sworn statement filed on 21st April 2026 which was served on the defendant on 23rd April 2026 by Mr Bal. Proof of service was filed on 23rd April 2026 at 9:30am.

7. The claimant deposed in his sworn statement, among others that:

a) On 27th August 2025 the Lease Register was rectified to reinstate him as lessee of Lease 024- Annexure “ PB1”.

b) A confirmation letter dated 27th August 2025 by the Director of Lands confirming the position- Annexure “ PB2”.

c) The grant of letters of administration on 20th April 2024 to the defendant was set aside by the Court on 19th November 2024- Annexure “ PB3”. Subsequent to this decision the rectification by the Director of Lands was accordingly made.

d) A notice to vacate issued by Bani Law on 21st March 2025- Annexure “ PB4”.

8. None of those evidence was or has been challenged by the defendant.

9. Accordingly the claimant has proved his claim to the required standard. He is declared as the registered lessee and proprietor of Lease 024 as at 27th August 2025. Judgment is entered for the claimant.

10. The defendant is a trespasser on Lease 024.

11. The formal orders are:

a) The defendant shall remove himself, his family members ( if any) and all their personal belongings and properties ( movable or fixed) within 28 days, by 22nd June 2026.

b) In the event the defendant has not complied with the order in A above, the claimant’s Counsel shall by a memorandum filed inform the Court, where by eviction will be effected through an Enforcement Warrant.

12. There will be no order as to costs.

DATED at Port Vila this 26th day of May, 2026.
BY THE COURT

………………………
Hon. Justice Oliver A Saksak