Parkulwo v Republic of Vanuatu [2018] VUSC 139; Civil Case 48 of 2010 (29 June 2018)

IN THE SUPREME COURT Civil

OF THE REPUBLIC OF VANUATU Case No. 10/48 SC/Civil

BETWEEN: Peter Parkulwo

Claimant

AND: Republic of Vanuatu

First Defendant

Willie Mowa Paraliyu, Willie Paraliyu, Tasso Pulupe Paraliyu and Apia Mowa Paraliyu

Second Defendants

Peter Mowa Paraliyu

Third Defendant

Date: Friday, 29 June 2018

By: Justice G.A. Andrée Wiltens

Counsel: Mr F Laumae for the Claimant

Mr H Tabi for the First Defendant (absent)

Mr S Stephens for Second and Third Defendants (absent)

JUDGMENT

1. Previous Minutes have been ignored by Mr Stephens.
   
2. There is still no concrete and acceptable evidence before the Court that there is a valid appeal on foot involving the Second and Third Defendants – all the Court has is their averments that they have appealed and served the necessary papers on the Claimant. The Court has attempted again and again to have some evidence presented so that the averments can be confirmed and the appeal be progressed. All attempts have been thwarted by inaction - absolutely nothing has been done to give the Court the information/material sought for far too long.
   
3. Mr Laumae advises that his clients have never been served with any appeal papers. He continues to dispute the statements made by the Second and Third Defendants.
   
4. This case has been in the Courts since 2010! Mr Laumae’s clients deserve and require some finality.
   
5. Accordingly, I direct the Director of Lands to forthwith cancel Lease 10/1114/001 thereby rectifying the Register, under section 10 of the Land Leases Act [Cap 163] and restoring the Claimant onto the title.
   
6. The Second and Third Defendants are to pay costs to the Claimant. That can either be on an agreed or taxed.
   

Dated at Port Vila this 29^th day of June 2018

BY THE COURT

.................................................

Justice G.A. Andrée Wiltens