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Toseraikite v Daniel [2010] VUSC 65; Land Appeal 01 of 2010 (31 May 2010)

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

Land Appeal Case No. 01 of 2010

BETWEEN:

FAMILY TOSERAIKITE
Appellant

AND:

ZACHARIA DANIEL
First Respondent

AND:

EMILE POVIAR
Second Respondent

AND:

BENSIVE TOSU
Third Respondent

Mr Justice Oliver A. Saksak

ORDER

WHERAS –

1. The appellant has filed a Notice of Discontinuance against the respondents herein on 18th May 2010.
   
2. The Third Respondent has filed an application to strike out together with submissions in support on 17th May 2010 which application had not yet been heard and determined by the Court.
   

NOW THEREFORE IT IS ORDERED THAT –

1. This proceeding be wholly discontinued against all the respondents.
   
2. The Appellant will pay the Third Respondent’s costs to be agreed or taxed by the Master.
   

DATED at Luganville this 31st day of May 2010.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge