Attorney-General v Tanga [2003] VUSC 11; Civil Case 017 of 2003 (4 March 2003)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 17 of 2003

BETWEEN:

ATTORNEY GENERAL
Appellant

AND:

ZEBEDDE TANGA
First Respondent

AND:

JOHN PAKOA TARIMAS
Second Respondent

JUDGMENT ON APPEAL

This is a civil action following upon a road accident. After several adjournments the Magistrate heard the trial on 19^th December. It was late in the day when the defendant/appellant’s witnesses were called. They had been present earlier but had left. The case was adjourned to 20^th December. Counsel told them that morning to attend. They didn’t. One went to his island for Christmas; the other went to a funeral. They were both police officers. One has since died.

On 20^th, the Magistrate refused any further adjournment and called for closing submissions. The defendant appeals against the refusal. He says the plaintiff had had the benefit of several adjournments.

I dismiss this appeal. It was within the discretion of the Magistrate to act as he did. The defence witnesses had been present on 19^th but just left. They didn’t attend on 20^th, despite being warned. They were police officers.

The appellant will pay the respondents assessed costs of VT10,000 by 3 p.m. on 18^th March.

Dated at Port Vila, this 4^th day of March 2003.

R. J. COVENTRY

Judge.