Moltures v Packette [2023] VUSC 287; Civil Case 2656 of 2020 (12 June 2023)

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

Civil Case No. 20/2656 SC/CIVL

BETWEEN:

Victor Moltures Claimant

AND:

Bule Packette,Livo Liniuse, Johane Lawac, Tavoue Meakey, Carolyn Atchkam, Simon Lorin, Soda Vepelov, Lapto Peto, Trief Atchkam, Kenneth Joseph, Malacky Kuku, Malacky Moses, Tom Louis, Keny Wasy, Obed Bruno, Pakoa, Rocklif Mala, Noeline Packet, Ray Packet, George Wora, Bernard Vira, Pio Tevikokone, Bertrand Tura, Steven Boe, Johnsen Garae, Fred Bulurave, Ebraham Bulurave, Eron Bulurave, John Vira, Joseph Bulurave, Jeffrey Bulurave, Sakaraw Bulurave, Welsin Roy, Roy Navock, Tomsen Bulurave, Edmond Bulurave, Nelson Bulurave, Rolland Tura, Alfoncine Jeannot, Sergio Koroka, Eliane Koroka, James Koroka, Marco Tamata, Ismael Jimmy, Olivier Jack, Fred John, Brain Boe, Willie Boetevul, Belinda Farel, Martin Farel Bruno Farel, August Farel, Justin Farel, Sandyna Fasel, Sandyna Fasel, Richard Willie, Marco Tao, Votala Toa and Langdo Guillaume Defendants

Before:

Justice Aru

Counsel:

Mr. A. Godden for the Claimant Mr. E. Molbaleh for the Defendants/Applicants no-appearance

MINUTE/ORDER

1. Mr Molbaleh had written several letters to the Registry requesting the Court to re-list this matter to hear his application for leave to appeal. The matter was listed for this afternoon and both Counsels were informed. Some minutes before the scheduled timing, Mr. Molbaleh informed the Registry by phone that he will not be attending due to illness. No medical report was provided nor was Mr Godden informed.
   
2. Mr. Godden was in attendance and informed the Court that he had written to Mr Molbaleh earlier in response to Mr Molbaleh’s letter of 13 April 2023 that the matter had been given finality by the decision of the Court of Appeal in Civil Appeal Case 22/2511 Nelson Bulurave & Ors v Taftumol Family.
   
3. The Court of Appeal dismissed the appellants appeal noting that the Enforcement Warrant is spent and both Counsels accepted that the appeal was academic as it was pointless to pursue it any further.
   
4. Referring to the Court of Appeal Minute of 3 November 2022 and the decision of the Court dated 17^th February 2023, there is nothing pending that could revive the matter.
   

ORDERS

(a) The application for leave to appeal is therefore dismissed accordingly.

(b) The File is now closed.

DATED at Port Vila this 12^th day of June, 2023
BY THE COURT

...........................
D. Aru
Judge