Kilman v Tete [2008] VUSC 68; Civil Case 133 of 2008 (14 August 2008)

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

CIVIL CASE No.133 OF 2008

BETWEEN:

SATO KILMAN
Claimant

AND:

MARTIN TETE, ETIENNE KOMBE
STEVEN JOEL TARI and LEIMELU ISHMAEL
of the Electoral Commission
Respondents

Mr Juris Ozols for the Claimant
Mr Dudley Aru and Mr Frederick Gilu for the Respondents

INTERIM ORDERS

1. That by consent of counsel and parties, there is urgency to deal with this matter.
   
2. The Court is satisfied and the Claimant and the Respondents acknowledge there is a substantive challenge in the existence of a debt and the Respondents acknowledge the existence of the Claimant’s challenge.
   
3. The Court is satisfied that because of the urgency of this matter, interim relief could be provided to maintain the status quo between the parties while the substantive claim will be dealt with after 2 September 2008 General Elections. The Court refers Counsel and parties to Section 26(5) of the Representation of the People’s Act [CAP.146] as the basis of the course taken in this interim exercise while the Respondent is not prejudiced by the Interim Orders made by the Court.
   
4. As to paragraph 3 above, the Court makes an Order suspending the effect of the Respondent’s declaration of 11 August 2008 in relation to the Claimant only.
   
5. And as such, the claimant is allowed to contest the General Elections of 2 September 2008 and the results of his elections are pending the final determination of his claim.
   
6. The Claimant files and serves his substantive application with supporting sworn statements within seven days of the date hereof.
   
7. The costs are in the cause.
   
8. A conference is conveyed on 22 August 2008 at 11:00AM o’clock to progress the management of the Judicial Review claim.
   

DATED at Port Vila this 14th day of August 2008

BY THE COURT

Vincent LUNABEK
Chief Justice