Tafea Regional Cooperative Association Ltd. v Nos

JUDGMENT 

Introduction

1.    This is a claim for unpaid rentals in the sum of VT 323, 500 with interest of 10%, filing fees and for eviction.

Background 

2.     On 20 June 2017 the defendant signed a Tenancy Agreement with the claimant’s agent to use the claimant’s premises to operate his business known as Tanna Internet Cafe and Secretarial Services.

3.    The rentals agreed was Vt 15,000 per month. In 2019 COVID 19 struck Vanuatu and the rentals were reduced to VT 10,000 per month. This arrangment continued until 13 October 2023 when the claimant wrote to the defendant notifying him that monthly rentals would return to VT 15,000 as initially agreed. The letter also informed the defendant about the outstanding rentals from 2000-2023 in the sum of VT 180,000. There was no response to the letter.

4.    On 1st May 2026 the claimant wrote another letter to the defendant giving him 30 days notice to pay up his rental arrears and to vacate the Claimant’s premises.

5.    On 27th May 2026 the defendant responded giving excuses and indicating he will not pay the rental arrears. 

6.    On 16th June 2026 the claimant filed their Supreme Court claim together with an urgent application seeking eviction orders against the defendant, a sworn statement as to urgency of Binson Henry, a notice of beginning to act for the claimant by Mr Csiba, a sworn statement from Malcolm Saman in support of the application, and an undertaking as to damages.

7.    The urgent application was listed for hearing on 23rd June 2026. Mr Csiba appeared alone. The Court identified some irregularities and granted leave to Mr Csiba to amend the claim, and to effect service on the defendants,  and providing proof of service. The matter was adjourned to 6th July 2026.

8.    Subsequently, Mr Csiba filed an amended urgent application on 24th June 2026, an amended claim, an amended undertaking as to damages, an amended sworn statement of Malcolm Saman in support of the urgent application and the claim and a amended statement of urgency by Binson Henry.

9.    On 6th July 2026 the application was adjourned for hearing to 9th July 2026.Mr Csiba provided proof of service of the amended documents on the defendant Wilfred Nos at 12:36pm on 30 June 2026 at the hearing on 9 July 2026. Mr Csiba pressed for the eviction order sought in the urgent application. He undertook to inform Mr Rantes accordingly.

10.    On 10th July 2026 the defendant sent an email to the Clerk of Court at 10:30am copied to Malcolm Saman and Binson Henry attaching a chain of emails dated 24 June 2026, 9:46am, 26 June 2026, 10:30am, 26 June 2026, 10:39am, 10 July 2026, 10:32am and 10 July 2026, 10:36am.

11.    The emails attached the letter dated 23rd June 2026 by the Public Solicitor to Mr Csiba as follows:

“ Dear Mr Eric Siba,
Re: Our Clients position towards Application for Eviction and claim for outstanding Rent.

We refer to your claim and application filed on 16 June 2026 . Our client has indicated in the Response Form that he agrees with the claim filed against him.

Our client is willing to settle the outstanding rent arrears and vacate the premises. As a demonstration of good faith, our client is prepared to make an initial instalment payment of VT 100,000 within this week.
 At present, our client is actively seeking suitable office premises in Lenakel Town to relocate his business operations. In light of these circumstances, we respectfully request that you permit our client to remain in occupation of the property for a further period of two (2) months to enable him to secure alternate office accommodation and arrange an orderly vacating of the premises.
 We trust that this request will be given favourable consideration and look forward to your response.

Yours Faithfully, 
(signed)
Jane K Tari
Public Solicitor “

12.    That letter attached the Response Form by the defendant indicating in paragraph 1:
“ I agree the claim is correct.”

13.    The emails attach also a receipt of payment dated 23rd June 2026 in the sum of VT 100,000 as half payment of rentals.

Discussion 

14.    First, the urgent application for eviction orders. I treat the application on an urgency basis and as a request for default judgment, but achieved through a formal proof process.

15.    Second, the substantive claim of the claimant. The defendant was duly served. He filed a response but he has no defence. He has conceded the claim and has paid VT 100,000 on 23rd June 2026  as part of the payment of the arrears of rentals as a demonstration of good faith. He accepts to vacate the claimant’s premises but pleads for a period of two months to find alternative office accommodation.

16.    Under those circumstances, judgment is entered in favour of the claimant on the basis of his uncontested evidence before the Court. His total amount as claimed is VT 323, 500. The defendants have paid off VT 100,000. The balance they have yet to pay is VT 223,500.

17.    The claimant claims interest at 10%. The normal percentage allowable is 5%. However due to his good faith, the defendant has demonstrated by paying off VT 100,000, the 5% on the balance of VT 223,50 will start to accumulate if he fails to pay the balance after the two (2) months he has requested.

Orders

18.    The formal orders are:

a)    Judgment is hereby entered for the claimant.
b)    The defendants will pay the balance of VT 223,500 within two (2) months from the date of this judgment, by 22 September 2026.
c)    In the event they fail to do so, interest will accumulate at 5% per day until the full amount is paid.
d)     The defendant shall vacate the claimant’s premises by 22nd September 2026.
e)    In the event the defendant fails to vacate the claimant’s premises, a warrant of eviction will be issued for his eviction from the premises.
f)    Finally the defendants are ordered to pay the claimant’s costs of the proceeding on the standard basis as agreed or taxed. 

DATED at Port Vila this 23rd day of July 2026
BY THE COURT

Hon. Justice Oliver A Saksak