Joseph v Silas [2009] VUSC 170; Civil Case 193-07 (5 February 2009)

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

CIVIL CASE No.193 OF 2007

BETWEEN:

ELMO JOSEPH
Claimant

AND:

CHARLES SILAS (Executive Office of Shefa Provincial Education Office)
Defendant

The Claimant is represented by Mr Felix Laumae of Trans- Melanesian Lawyers– not present
Mr Justin Ngwele for the Defendant - present

REASONS TO STRIKE OUT CLAIM
R.9.10(2)(d)

This is an application to strike out proceedings against the Defendant. Claim filed 30 October 2007 alleging defamation on the part of the Defendant as an officer of the Government. A response to the claim was filed 7 January 2008.

Defendant filed an Interlocutory application on 3 April 2008 for the Claimant to provide further and better particulars.

A sworn statement was filed in support of the Interlocutory application. Since then, Claimant did not respond to Defendant's application nor provided what Defendant requested for further and better particulars.

A conference was conveyed on 16 January 2009, the Claimant did not attend. Mr Ngwele attended on behalf of the Defendant. The Defendant informed the Court of their intention to apply for the claim to be struck out and the application was filed on 22 January 2009. A sworn statement of Ngwele is filed in support of it. It is listed for hearing today 5 February 2009 at 3.00PM.

The Claimant did not attend nor his counsel nor any information as to the Claimant's position.

Since filing of claim, it is more than one year has elapsed. The Claimant did not take any steps to prosecute his claim. He failed to attend conferences.

The claim is to be struck out under Rule 9.10(2(d) of the Civil Procedure Rules.

ORDER

1. The claim is struck out for want of prosecution under Rule 9.10(2)(d) of the Civil Procedure Rules 2002.

2. The Defendant is entitled to costs (thrown away) of Vatu 30,000 against the Claimant.

3. Such amount of costs of VT30,000 must be paid by the Claimant to the Defendant by 27 February 2009.

DATED at Port-Vila this 5th day of February 2009

BY THE COURT

Vincent LUNABEK
Chief Justice