Kamji v Namry

Court of Appeal

Civil Appeal
16/3818 CoA/CIVA
03 Avr 2017
03 Avr 2017

Hon. Chief Justice Vincent Lunabek; Hon. Justice Oliver Saksak; Hon. Justice John Mansfield; Hon. Justice Ronald Young; Hon. Justice Mary Sey; Hon. Justice James Paul Geoghegan; Hon. Justice David Chetwynd
Chief Iau Kamji; Chief Joel Iau; Tari Kamji; Maxime Sam Neuoh; Chief Nakou Niahi; Chief David Hosea
Family Namry; Jimmy Namry; Tain Namry; Iaswi Namry; Jeffrey Namry
Mr. R. Kapapa for the Appellants; Mr. T. Joe Botleng for the Respondents

MINUTE OF ORDERS

By consent, the Court orders
1. The appeal is allowed and the order of the Supreme Court made on 21 October 2016 refusing the Appellants leave to appeal out of time from the decision of the Magistrate Court made on 10 February 2016 is set aside.

2. In place of the said order of the Supreme Court, the Appellants are given leave to appeal out of time to the Supreme Court from the said decision of the Magistrate Court 31 March 2016, to the intent that the Notice of Appeal filed in the Supreme Court on that date stand as the Notice of Appeal from the said decision of the Magistrate Court.

3. The Appellants pay to the Respondents costs of this appeal and of the application in the Supreme Court for leave to appeal out of time, fixed at VT50, 000.
The Court notes that the effect of the orders by consent is that the Supreme Court will now proceed to hear and determine the appeal from the Magistrate Court.