Molisingi v Issachar

Court Supreme Court

Case type Civil

Case number 3598 of 2017

Hearing date 30 Nov -0001

Decision date 12 Jun 2018

Official PDF document

Judge(s) Justice Oliver Saksak

Defendant(s) Rex Issachar; Ancel Nalau; David Benjamin; Mary Estelle Kapalu; Tiopang Jean Pierre; Moses Kamut; Kevin Paul; Jerry Jeremiah; Timothy Loughman; David Childson Patunvanu; Tawi Keiruan; Sandy Molu

Claimant(s) Jansen Molisingi & Executive President Athletics Vanuatu

Counsel No appearance for the Claimant; Frederick Loughman for the Defendants

RULING

1. I heard the defendant’s application to set aside the ex parte orders issued on 12th February 2018.

2. The application was filed on 1st June 2018 together with a sworn statement in support thereof by Rex Issacher pursuant to the Court’s Minute of 25th May 2018 at paragraph 4.

3. The Claimant has not made any appearance.

4. The grounds of the application are that-

a) The orders were interlocutory orders pending the final determination of this matter.

b) The Court referred the dispute to an arbitration tribunal pursuant to Article 12.7 of the

Constitution of Athletics Vanuatu.

c) The Tribunal Council met and made a decision on Friday 13th April 2018 recognising the Resolution made at an executive meeting held on 4th December 2017.

d) The Tribunal Council has ratified that decision as valid and final.

5. The application s unchallenged.

6. In the circumstances, the Court-

a) Allows the application,

b) The exparte orders issued on 12th February 2018 are hereby vacated.

c) Recognises the decision of the Arbitration Council dated 13th April 2018 as valid and binding on the parties and is in favour of het First and Second Defendants herein.

d) The Claimant’s claim in this Court is misconceived and is hereby dismissed.

e) The Claimant will pay the defendants’ costs of the application fixed at VT 50.000.

DATED at Port Vila this 12th day of June 2018
BY THE COURT