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Boetokorua v Vombanici [2016] VUSC 209; Civil Case 56 of 2000 (1 July 2016)

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

Civil Case No. 00/56 SC/CIVL

BETWEEN:

MOLI BOETOKORUA
Claimant

AND:

VOMBANICI AND EREHI
First Defendants

AND

GOVERNMENT OF THE
REPUBLIC OF VANUATU
Second Defendant

Before: Justice Saksak

Counsel: No appearance for the Claimant (Pacific Lawyers)
No appearance for First Defendant (Kiel Loughman)
Lennon Huri for Second Defendant
Wilson Iauma for Third Defendant

DECISION

1. This matter was last heard on 28 November 2014. Since that date there has been no further progress of the matter.
2. The Court therefore issued a Notice to Show Cause on 23rd June 2016.
3. Today the Claimants are not present personally or through Counsel. And Mr Iauma made oral application for the dismissal of the proceeding on grounds of lack of want of prosecution. Mr Huri supports the oral application.
4. Accordingly pursuant to Rule 9.10(1)(a) and 9.10(2)(a) and 9.10(3)(b) the Court hereby strikes out this proceeding in its entirety with no order as to costs.

DATED at Port Vila this 1st day of July, 2016.

BY THE COURT

OLIVER A. SAKSAK
Judge