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Kamji v Namry [2017] VUCA 17; Civil Appeal Case 3818 of 2016 (3 April 2017)

Coram: Hon. Chief Justice Vincent Lunabek

Hon. Justice Oliver Saksak

Hon. Justice John Mansfield

Hon. Justice Ronald Young
Hon. Justice Mary Sey

Hon. Justice Paul Geoghegan

Hon. Justice David Chetwynd

Counsel: Mr. R. Kapapa for the Appellants

Mr. T. Joe Botleng for the Respondents

Date of Hearing: 3 April 2017

Date of Judgment: 3 April 2017

MINUTE OF ORDERS

By consent, the Court orders

1. The appeal is allowed and the order of the Supreme Court made on 21 October 2016 refusing the Appellants leave to appeal out of time from the decision of the Magistrate Court made on 10 February 2016 is set aside.
   
2. In place of the said order of the Supreme Court, the Appellants are given leave to appeal out of time to the Supreme Court from the said decision of the Magistrate Court 31 March 2016, to the intent that the Notice of Appeal filed in the Supreme Court on that date stand as the Notice of Appeal from the said decision of the Magistrate Court.
   
3. The Appellants pay to the Respondents costs of this appeal and of the application in the Supreme Court for leave to appeal out of time, fixed at VT50, 000.

The Court notes that the effect of the orders by consent is that the Supreme Court will now proceed to hear and determine the appeal from the Magistrate Court.

DATED at Port Vila this 3 day of April, 2017

BY THE COURT

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Hon. Vincent Lunabek

Chief Justice