Kalsakau v Kalsakau Warakali [2008] VUSC 24; Civil Case 56 of 2006 (27 February 2008)

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

CIVIL CASE No.56 OF 2006

BETWEEN:

NARU KALPEAU KALSAKAU
Claimant

AND:

FAMILY KALSAKAU WARAKALI
First Defendants

AND:

KALPOKOR KALSAKAU, EPHRAIM KALSAKAU, YOAN KALSAKAU & SERETANGI KALSAKAU
Second Defendant

AND:

THE GOVERNMENT OF VANUATU
Third Defendant

Mr Naru Kalpeau Kalsakau, Claimant - present
Mr Edward Nalyal for the First and Second Defendants except Mr Kalpokor Kalsakau
Mr George Nakou Mr Kalpokor Kalsakau
Mr Tom Joe for the Government – Third Defendant

ORDER

UPON hearing the Claimant Mr Naru Kalpeau Kalsakau in person; and

UPON hearing Mr Edward Nalyal on behalf of the First and Second Defendants, except Mr Kalpokor Kalsakau; and

UPON hearing Mr George Nakou on behalf of the Defendant, Kalpokor Kalsakau; and

UPON hearing Mr Tom Joe for the Third Defendant, Government of Vanuatu;

AND UPON being satisfied that after discussions between the Court, the parties and their respective counsel on the issues arising in this case, it transpires clearly that there is no real disputes or issues arising between all the parties in the present Civil Case No.56 of 2006 albeit prospective ones which will be difficult to be answered in law; and

UPON being satisfied that the Claimant understands and appreciates fully, the situation surrounding his claim in CC 56 of 2006; and

UPON being finally informed by Mr Naru Kalpeau Kalsakau of his intention to withdraw his claim in Civil Case of 2006 against all the Defendants, the Court makes the following Orders:

1. That the claim in Civil Case No.56 of 2006 is hereby discontinued.
   
2. That all interim or interlocutory injunctive Orders issued in Civil Case No.56 of 2006 shall cease to have effect from today’s date.
   
3. That there is no order as to costs.
   

DATED at Port-Vila this 27th day of February 2008

BY THE COURT

Vincent LUNABEK
Chief Justice