Paraliyu v Parkulwo [2019] VUCA 1; Civil Appeal Case 2028 of 2018 (14 February 2019)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU (Civil Appellate Jurisdiction)

Civil Appeal Case No. 18/2028 COA/CIVL

BETWEEN:	Peter Mowa Paraliyu Appellant
AND:	Peter Parkulwo First Respondent
AND:	Republic of Vanuatu Second Respondent

Coram: Hon. Chief Justice Vincent Lunabek
Hon Justice John von Doussa
Hon Justice John William Hansen
Hon Justice Daniel Fatiaki
Hon Justice Oliver Saksak
Hon Justice Stephen Felix

Counsel: Saling Stephens for Appellant
No appearance for First Respondent
Sakiusa Kalsakau for Second Respondent

Date of Hearing: 14^th February 2019

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MINUTE

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1. This appeal is against the judgment of Andrée Wiltens J’s Judgment dated 29^th 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

1. The appeal is adjourned and will be listed for the next Court of Appeal sittings in April 2019.
   
2. The Judgment dated 29^th June 2018 is stayed pending the determination of the appellant’s appeal.
   

DATED at Port Vila this 14^th day of February 2019

BY THE COURT

Hon.Vincent Lunabek

Chief Justice