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Worahese v Government of Vanuatu [2005] VUSC 112; CC 033 2005 (21 September 2005)

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

Civil Case No. 33 of 2005

BETWEEN:

GEORGE WORAHESE
Claimant

AND:

THE GOVERNMENT
First Defendant

AND:

THE LUGANVILLE MUNICIPAL COUNCIL
Second Defendant

AND:

VIOLET WILLIE
Third Defendant

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr G. Worahese, Claimant in person
Mr W. Kapalu for the Second Defendant
Mrs V. Willie, Third Defendant in person
No Appearance by First Defendant.

JUDGMENT

By Notice dated 19^th August 2005 the Court summoned all Parties to attend a hearing of the Claimant’s application for leave to file his supreme court claim out of time.

The application was filed by the Public Solicitor who is not in attendance today and no information or sufficient cause has been shown why he cannot be available today to prosecute the application of the claimant.

Mr Worahese seeks an adjournment on the basis of his Counsel’s non-availability. Mr Kapalu and Mrs Violet object strongly to an adjournment. Mr Kapalu submits that the application be dismissed for want of prosecution. On the Claimant’s claims Mr Kapalu submits that the claims are time-barred. He submits further that the claims are not claims for personal injuries to entitle the claimant an extension of time under sections 15 and 16 of the Limitation Act No. 4 of 1991. The Court agrees with Mr Kapalu and accepts his submissions.

The Court therefore refuses the Claimant’s application for an adjournment. Further the Court dismisses the Claimant’s application for leave to file his claims out of time. The effect of this decision is that there is no valid claim in this Court.

It follows that the Claimant must now pay the Defendant’s costs of and incidental to this application hearing today to be agreed, if not taxed.

DATED at Luganville this 21^st day of September, 2005.

BY THE COURT

OLIVER A. SAKSAK

Judge