IN THE SUPREME COURT						Civil
OF THE REPUBLIC OF VANUATU					Case No. 10/48 SC/Civil

BETWEEN:	Peter Parkulwo
						Claimant

AND:	Republic of Vanuatu
						First Defendant
Willie Mowa Paraliyu, Willie Paraliyu, Tasso Pulupe Paraliyu and Apia Mowa Paraliyu
						Second Defendants
						Peter Mowa Paraliyu
Third Defendant

Date:				Friday, 29 June 2018 
By:				Justice G.A. Andrée Wiltens
Counsel:				Mr F Laumae for the Claimant 
				Mr H Tabi for the First Defendant (absent)
				Mr S Stephens for Second and Third Defendants (absent)

JUDGMENT

1.	Previous Minutes have been ignored by Mr Stephens.  

2.	There is still no concrete and acceptable evidence before the Court that there is a valid appeal on foot involving the Second and Third Defendants – all the Court has is their averments that they have appealed and served the necessary papers on the Claimant.  The Court has attempted again and again to have some evidence presented so that the averments can be confirmed and the appeal be progressed.  All attempts have been thwarted by inaction - absolutely nothing has been done to give the Court the information/material sought for far too long.  

3.	Mr Laumae advises that his clients have never been served with any appeal papers.  He continues to dispute the statements made by the Second and Third Defendants.

4.	This case has been in the Courts since 2010!  Mr Laumae’s clients deserve and require some finality.  

5.	Accordingly, I direct the Director of Lands to forthwith cancel Lease 10/1114/001 thereby rectifying the Register, under section 10 of the Land Leases Act [Cap 163] and restoring the Claimant onto the title.

6.	The Second and Third Defendants are to pay costs to the Claimant.  That can either be on an agreed or taxed.

Dated at Port Vila this 29th day of June 2018
BY THE COURT

………………………………………….
Justice G.A. Andrée Wiltens