Tamatasoa v Ruben

DECISION AS TO RESPONDENTS’ APPLICATION TO STAY PROCEEDING 

1.    On 2 October 2026, the Respondents Willy Ruben, Mackenzie Ruben, Sammy Ruben filed Application to Stay Proceeding on the ground that they have filed Civil Appeal Case No. 2201 of 2026 (‘CAC 26/2201’) against the Master’s grant of the Letters of Administration in respect of the estate of the late Ben Kalo (the ‘Application’). 

2.    Despite opportunity given, the Applicants Ben Alick Tamatasoa and Estate of Karie Ruth Leipongi (deceased) have not filed submissions in response to the Application by 4pm on 30 September 2026 or since. 

3.    I now determine the Application as follows.  

4.    On 14 May 2020, this Court issued Judgment in Civil Case No. 2924 of 2019 (‘CC 19/2924’) granting the claimants (the Applicants in the present matter) eviction orders to evict the Respondents from lease title no. 11/OH24/067. The Applicants had commenced proceedings following the transmission of the lease to them as administrators of the estate of Ben Calo (deceased). Mr Calo was their adopted son. They had obtained registration of the transmission of the lease following the Supreme Court granting them letters of administration on 6 March 2019.   

5.    The Respondents now seek stay of proceedings pending their appeal in CAC 26/2201 against the Master’s grant of letters of administration to the Applicants. However, even if that appeal is successful, the Judgment dated 14 May 2020 still stands (which judgment the enforcement of is being pursued in the present matter). 

6.    A judge of the Supreme Court will hear the appeal in CAC 26/2201. However, he or she cannot set aside the judgment of the Supreme Court dated 14 May 2020, only the Court of Appeal may do so. 

7.    It would appear then that even if the Respondents’ appeal in CAC 26/2201 is successful, they would still be faced with the transmission of lease which has occurred and with the Judgment by this Court dated 14 May 2020.  

8.    The grounds in the Application relate only to the Respondents’ appeal in CAC 26/2201 against the grant of letters of administration to the Applicants. It does not appear that there has been any consideration to the matters I raise above as to transmission of the lease and the Judgment dated 14 May 2020. 

9.    In the circumstances, the Application to Stay Proceeding filed on 2 October 2026 is declined and dismissed.  

10.    The costs of the Application are to lie where they fall. 

DATED at Port Vila this 16th day of October, 2026 
BY THE COURT 

…………………………………………. 
Justice Viran Molisa Trief