Molsakel v Natu [2011] VUSC 337; Civil Case 08 of 2010 (2 February 2011)

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

Civil Case No. 08 of 2010

BETWEEN:

RACHEL MOLSAKEL and MATHIAS
MOLSAKEL
Claimants

AND:

PETER NATU, SOLOMON AMOLEE and
JAMES TAMATA
First Defendant

AND:

ZEBEDEE MOLVATOL
Second Defendant

AND:

SOUTH EAST SANTO VILLAGE
LAND TRIBUNAL
Third Defendant

AND:

BENUEL TABI
Fourth Defendant

AND:

REPUBLIC OF VANUATU
Fifth Defendant

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Saling N. Stephens for Claimants
Mr James Tari for First Defendants
Second Defendant in person
Third Defendant in person by Chief Joseph Riri
No appearance by Fourth and Fifth Defendants

DECISION

Upon hearing Mr Stephens informing the Court of the Claimants decision to discontinue proceeding against all the defendants,

And upon hearing Mr Tari in relation to costs to which Mr Stephens raised objections,

The Court decides that -

(1) Civil Case No. 8 of 2010 be wholly discontinued as against the First, Second, Third Defendants, Fourth and Fifth Defendants.

(2) Mr Tari's application for costs is accepted and the Court awards the costs of the Application only, and only in favour of the First Defendants and not the Second, Third, Fourth and Fifth Defendants as they are not represented by Counsel today. Costs are to be agreed if not be taxed.

DATED at Luganville this 2^nd day of February 2011.

BY THE COURT

OLIVER A. SAKSAK
Judge