Paraliyu v Parkulwo

Court of Appeal

Civil Appeal
2028 of 2018
14 Feb 2019
14 Feb 2019

Chief Justice Vincent Lunabek; Justice John von Doussa; Justice John William Hansen; Justice Daniel Fatiaki; Justice Oliver Saksak; Justice Stephen Felix
Peter Mowa Paraliyu
Peter Parkulwo - First Respondent;
Republic of Vanuatu - Second Respondent
Saling Stephens for Appellant; No appearance for First Respondent; Sakiusa Kalsakau for Second Respondent

MINUTE

1. This appeal is against the judgment of Andrée Wiltens J’s Judgment dated 29th June 2018. The judge gave judgment in favour of the First Respondent in the absence of Counsel for the appellant and the second respondent. The Judge ordered the Director of Lands to forthwith cancel Lease 10/1114/001 and to rectify the register by restoring the claimant ( First Respondent) onto the title.

2. When the appeal was called this morning the Court was told Mr Laumae who acts for the First respondent is currently in the Solomon Islands and is presently unable to return to Vanuatu for reasons beyond his control.

3. Both Mr Stephens and Mr Kalsakau agreed that the appeal be adjourned to the April 2019 sittings of the Court of Appeal. Further Counsel ask for an order staying the judgment under appeal pending the determination of the appeal.

4. If Mr Laumae is not able to appear on this appeal in April 2019 he must advise his client and ensure that other arrangements are made for his representation.

ORDERS

a) The appeal is adjourned and will be listed for the next Court of Appeal sittings in April 2019.

b) The Judgment dated 29th June 2018 is stayed pending the determination of the appellant’s appeal.

DATED at Port Vila this 14th day of February 2019
BY THE COURT


Hon.Vincent Lunabek
Chief Justice