Taftumol Land Trustee v Vatu [2005] VUSC 48; Civil Case 021 of 2003 (17 February 2005)

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

Civil Case No. 21 of 2003

BETWEEN:

TAFTUMOL LAND TRUSTEE
Claimant/Respondent

AND:

LUCIEN VATU and JEAN-MARIE VATU
Defendants/Applicants

Date of Hearing: 17^th February 2005

ORDER

Upon hearing Mr Kalses in relation to an urgent application for contempt of Court filed on 1^st February 2005; and upon hearing Mr Sugden’s objections and submission’s in support thereof in relation to sworn statements of Victor Andre and Pierrot Vatu and the inadmissibility to certain parts of those statements, and after hearing Mr Kalses in response in relation to the objections,

And being satisfied and after having ruled that certain parts of Pierrot Vatu’s and Victor Andre’s statements were inadmissible,

And upon hearing Mr Sugden’s application that there was no case against the Defendants, and after hearing Mr Kalses in response,

And being satisfied that the Claimants did not produce sufficient evidence to prove beyond reasonable doubt that the defendants acted in breach of the Court Orders of 2^nd February 2004,

Now therefore I Order that –

(1) The Claimants application be and is hereby dismissed.

(2) Costs be reserved pending useful discussions by the parties to attempt to reach consensus and settlement.

(3) Defendants have liberty to apply in relation to costs in the event that no settlement or consensus is reached by or between the parties.

DATED at Luganville this 17^th day of February, 2005.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge