Arnhabat v Sanhabat

Court Supreme Court

Case type Land Appeal

Case number 1285 of 2022

Hearing date 10 Jun 2024

Decision date 10 Jun 2024

Official PDF document

Judge(s) Justice Dudley Aru

Appellant(s) John Gordon Arnhabat - First Appellant; Shedrack Salemulu - Second Appellant; Johnathan Tawi - Third Appellant

Respondent(s) Markton Sanhabat - First Respondent; Leonard Bill - Second Respondent; Belton Joe - Third Respondent; Ephraim Sairus & Jerety - Fourth Respondent; Albert Horambat - Fifth Respondent

Counsel Mrs. T. Harrison for the First Appellant (John Gordon) )- No appearance Mr. E. Macreveth for the Second Appellant (Shedrack Salemulu)- No appearance Mr. D. Yawha for the Third Appellant (Johnathan Tawi)- No appearance Ms. V. Muluan for the First Respondent (Markton Sanhabat) Mr. R. Rongo for the Second Respondent (Leonard Bill) Third Respondent (Belton Joe) no-appearance Fourth Respondent (Ephraim Sairus & Jerety) no-appearance Fifth Respondent (Albert Horambat) no-appearance

REASONS FOR JUDGMENT

ORDERS

1. Further to order 2 of the 4th April 2024 Orders, and in the absence of any evidence that the second appellant’s notice and grounds of appeal were filed within time, the second appellant’s notice and grounds of appeal are now struck out.

2. Jonathan Tawi is now the second appellant and Shedrack Salemulu will remain in the proceedings as the sixth (6th) respondent.

3. A further 21 days to Mr. Yawha to file and serve the appeal book by 1st July 2024.

4. The first and third appellants have 21 days to serve their applications to call fresh evidence by 1st July 2024.

5. The appellants to file and serve their written submissions by 1st July 2024.

6. A further 21 days to the respondents to file and serve their written submissions and response to the applications to call fresh evidence by 22nd July 2024.

7. The applications to call fresh evidence are listed for 25 July 2024 at 10.00 am.

DATED at Port Vila this 10th day of June, 2024
BY THE COURT

………………………
Dudley Aru
Judge