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Tosu v Republic of Vanuatu [2019] VUCA 21; Civil Appeal Case 2094 of 2018 (13 February 2019)

IN THE COURT OF APPEAL
OF THE REPUBLIC OF VANUATU
(Appellate Jurisdiction)
Civil Appeal
Case No. 18/2094 CoA/CIVA
BETWEEN:
Bensive Tosu
Appellant
AND:
The Republic of Vanuatu
First Respondent
AND:
Perei Falao and Family
Interested Party

Date of Mention :
13th day of February, 2019 at 9:00 AM
Before:
Chief Justice Vincent Lunabek
Hon Justice John von Doussa
Hon Justice John William Hansen
Hon Justice Oliver Saksak
Hon Justice Gustaaf Andrée Wiltens
Hon Justice Stephen Felix
In Attendance:
No appearance for appellant
Sammy Aron for Respondent
No appearance for Interested Party

MINUTE


  1. At the Call over on Monday 11th February Mr Stephen Joel was not present. The Court adjourned the case to be called for mention on 13th February 2019 at 9:00am. The Court noted Mr Joel had not filed any papers as directed on 9th October 2018. The only papers Counsel filed was the Notice of Appeal filed on 3rd August 2018.
  2. At the Call-Over conference only Mr Aron appeared for the Republic and Mrs Nari for the Interested Party. The Court indicated to Counsel that Mr Joel would need to be present on the next date and to file the papers as directed.
  3. Only Mr Aron appeared at the mention. Mr Aron informed the Court a Notice of Discontinuance had been served on him. There was no copy served on the Court.
  4. In the circumstances, the appeal is simply dismissed.

DATED at Port Vila this 13th day of February, 2019

BY THE COURT


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

Vincent Lunabek

Chief Justice


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