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Kaltapang v Director of Land Records [2010] VUSC 213; Civil Case 175 of 2005 (25 August 2010)

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


CIVIL CASE NO. 175 OF 2005


BETWEEN:


RICHARD KALTAPANG, care of Pango
Village, Efate, Republic of Vanuatu
CLAIMANT


AND:


DIRECTOR OF LAND RECORDS, care of Land Records Office,
Department of Lands, Survey & Records PMB 9026, Port Vila, Efate,
Republic of Vanuatu
FIRST DEFENDANT


AND:


FAMILY SOPE KALMATALU, which Family is duly represented
by their duly authorized representative KALORIB SOPE care of Pango Village,
Efate, Republic of Vanuatu
SECOND DEFENDANT


Counsel: Mr George Boar for the Claimant
Attorney General –State Law Office for the First Defendant
Messrs Silas Charles Hakwa & Associates for the Second Defendant


ORDERS


UPON HEARING Mr. Silas Charles Hakwa of Counsel for the Second Defendant AND UPON HEARING Mr. Frederick Gilu of Counsel for the First Defendant AND UPON READING the Sworn Statement dated 16 April, 2008 made by Mr. Kalorib Sope in support of the Second Defendant's Application dated 16 April, 2008 AND UPON READING Mr. Silas Charles Hakwa's Sworn Statement dated 06 August, 2010, IT IS HEREBY ORDERED as follows:


1. The Claimant's Further Amended Supreme Court Claim which is undated but filed in the Supreme Court on 25 March, 2008 is struck out in its entirety.


2. The Claimant shall pay the Second Defendant's costs such costs to agreed if not taxed by the Chief Registrar or Master of the Supreme Court.


3. The Claimant shall pay the Second Defendant's costs of today including costs of preparation for the hearing of the Second Defendant's Application to strike out the Claimant's Claim.


BY ORDER of the Court


Dated at Port Vila on this 25th day of August, 2010.


HONOURABLE DANIEL FATIAKI
JUDGE OF THE SUPREME COURT


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