Arnhabat v Sanhabat [2024] VUSC 308; Land Appeal Case 1285 of 2022 (10 June 2024)

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

Land Appeal Case No. 22/1285 SC/LNDA

BETWEEN:	John Gordon Arnhabat First Appellant
AND:	Shedrack Salemulu Second Appellant
AND:	Johnathan Tawi Third Appellant
AND:	Markton Sanhabat First Respondent
AND:	Leonard Bill Second Respondent
AND:	Belton Joe Third Respondent
AND:	Ephraim Sairus & Jerety Fourth Respondent
AND:	Albert Horambat Fifth Respondent

Date of Conference:	10th day of June, 2024
Before:	Justice D. Aru

Counsel:

Mrs. T. Harrison for the First Appellant (John Gordon) )- No appearance Mr. E. Macreveth for the Second Appellant (Shedrack Salemulu)- No appearance Mr. D. Yawha for the Third Appellant (Johnathan Tawi)- No appearance Ms. V. Muluan for the First Respondent (Markton Sanhabat) Mr. R. Rongo for the Second Respondent (Leonard Bill) Third Respondent (Belton Joe) no-appearance Fourth Respondent (Ephraim Sairus & Jerety) no-appearance Fifth Respondent (Albert Horambat) no-appearance

ORDERS

1. Further to order 2 of the 4^th April 2024 Orders, and in the absence of any evidence that the second appellant’s notice and grounds of appeal were filed within time, the second appellant’s notice and grounds of appeal are now struck out.
2. Jonathan Tawi is now the second appellant and Shedrack Salemulu will remain in the proceedings as the sixth (6^th) respondent.
3. A further 21 days to Mr. Yawha to file and serve the appeal book by 1^st July 2024.
4. The first and third appellants have 21 days to serve their applications to call fresh evidence by 1^st July 2024.
5. The appellants to file and serve their written submissions by 1^st July 2024.
6. A further 21 days to the respondents to file and serve their written submissions and response to the applications to call fresh evidence by 22^nd July 2024.
7. The applications to call fresh evidence are listed for 25 July 2024 at 10.00 am.
   

DATED at Port Vila this 10th day of June, 2024

BY THE COURT

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

Dudley Aru

Judge