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Family Vuster Dame v Rocroc [2011] VUSC 32; Civil Case 13 of 2008 (27 April 2011)

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

Civil Case No. 13 of 2008

BETWEEN:

FAMILY VUSTER DAME
Claimants

AND:

GIDEON ROCROC
First Defendant

AND:

MATILDA COLE
Second Defendant

AND:

THE DIRECTOR OF LANDS
Third Defendant

AND:

THE REPUBLIC OF VANUATU
Fourth Defendant

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit - Clerk

Mr Saling N. Stephens for Claimant
No appearances by First and Second Defendants
Mr Alain F. Obed for the Third and Fourth Defendants

ORDER

Upon hearing Mr Stephens and Mr Obed in relation to this matter, the Court is of the view that the Claimants have not shown any seriousness in prosecuting their claims.

It is therefore ordered that –

(1) Civil Case No. 13 of 2008 be dismissed in its entirety.

(2) The Claimants will pay costs of VT100.000 awarded under Orders dated 28th June 2010 and costs of today as agreed or taxed.

DATED at Luganville this 27th day of April 2011.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge