Garaedali v Garae [2010] VUSC 159; Civil Case 44 of 2010 (15 October 2010)

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

Civil Case No. 44 of 2010

BETWEEN:

CHIEF SAMUEL GARAEDALI
Claimant

AND:

EMIL GARAE, DOUGLAS GARAE and
HOLLINGSWORTH GARAE
Defendants

Mr Justice Oliver A. Saksak

ORDER

WHEREAS –

(1) This case was filed in Port Vila Registry on 31st July 2008 and a sworn statement in support was filed on 3rd March 2009.

(2) Since then, nothing else has transpired until in October 2010 the File turned up in Luganville.

(3) Pursuant to Rule 9.10(1)(a) of the Civil Procedure Rules No. 49 of 2002 (the Rules) it is apparent the Claimant has not taken any steps for more than 6 months to ensure the proceeding continues.

NOW THEREFORE pursuant to Rule 9.10(2)(d) of the Rules, the Court hereby strike out the proceeding in its entirety.

This order amounts to a Notice under Rule 9.10(4) of the Rules.

DATED at Luganville this 15th day of October 2010.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge