Ben v Nitchiku (Vanuatu) Ltd [2000] VUSC 27; Civil Appeal Case 001 of 1997 (14 June 2000)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Appellate Jurisdiction)

Appeal Case No.1 of 1997n>

BETWEEN:

BRUNO BEN AND RAYMOND BEN

Appellants

AND:

Respondent

Coram: Mr Justice Oliver A Saksak

p class="MsoNormal" style="margin-top: 1; margin-bottom: 1"m: 1"> Ms Cynthia Thomas - Clerk

ass="MsoNoMsoNormal" style="text-align: justify; margin-top: 1; margin-bottom: 1"> Appearing: Mr Jean Paul Savoie appearing as Agent for the Respondent.

No appearance by or for the Appellants.

JUDGEMENT

This case was called on for hearing2^th June at 2:30 pm pursuant to a Notice of Hear Hearing issued out of the Court Registry dated 6^th April, 2000.

The Appellant Mr Bruno Ben was served on 11^th April 2000 by the Assistant Registrar. He received the Notice of Hearing but told the Assistant Registrar that he had forgotten all about the hearing.

class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> The Court prod in his absence after satisfying myself that the Appellants had had sufficient notice. Mr Savoie addressed the Court only briefly. He submitted that the appeal had no basis because in the Court below the Appellants clearly admitted detention of six heads of cattle belonging to the Respondent. They further admitted killing one bull and eating it. He submitted that the appeal be rejected and claimed costs in the sum of vt45,890.

This is an old case. It was lisn two previous occasions firstly on 9^th June 199e 1998 for directions with an Order among others that the Appellants file written submissions within 14 days. Mr Saling Stephens was then acting for the Appellants but he has then ceased acting. That order has never been complied with to date. Secondly on 30^th November 1999 the matter was called and adjourned because Mr Hillary Toa who then represented the Appellants could not be available and the Appellants in person requested an adjournment. The case was listed for hearing on 12^th June 2000 and a Notice was accordingly issued. I am satisfied that the Appellants have had sufficient notice of hearing. That they forgot about the hearing is not a valid excuse.

The appeal is therefore dismissed. The Appellants are ordered to pay the Respond costs which is assesassessed and fixed at vt45,890.

PUBLISHED at Luganville, this 14^th day of June,.

BY THE COURT

OLIVER A. SAKSAK

Judge