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Polosoboe v Choiseul Provincial Government [2013] SBCLAC 16; Western Customary Land Appeal Case 25 of 2013 (20 November 2013)

IN THE WESTERN CUSTOMARY LAND APPEAL COURT
TIMBER TIGHT APPELLANT JURISDICTION

CLAC Cases Nos: 25 of 2012

In the Matter of: TIMBER RIGHTS DISPUTE:
BETWEEN:

PHILIP POLOSOBE
JOHN WESLEY SOKURU
PETER PITAKAKA ad ISACH QALOTABA (representing Qilaboe clan of Kalesuka tribe)
Appellant

AND:

CHOISEUL PROVINCIAL GOVERNMENT
First Respondents

MICHAEL NGARAKANA
AND

THOMAS TAKOLO
(Representing Qilaboe Clan of Kalesuka tribe)

AND

ROY TILUKANA
(representing Kongo Clan of Kalesuka)

CONSENT JUDGMENT
November 20, 2013

UPON HEARING Mr. Philip Polosoboe on behalf of the Applicants and Mr. Ronald Pitamama on behalf of the Second Respondents

IT IS ORDERED as follows:

1. That the Applicants Notice of Appeal Notice filed on September 9, 2013 is hereby formally withdrawn from the CLAC registry;
2. That Philip Polosoboe, Richard Zakele, Luke Luaboe and Maxon Sivai shall be included as additional trustees for the existing trustees of Qilaboe clan identified in the Form II determination;
3. That John Kukuti, John Qaloviuru, Gladys Siale and Egan Rovokana shall be further included as additional trustees to the existing trustees of Kongo clan identified in the Form II determination;
4. That both parties shall comply with all mandatory processes required by the Forest Resources and Timber Utilisation Act Cap 40 to advance their interests.
5. The Commissioner of Forest is hereby duly advised; and
6. Costs in the Cause

Perfected, Signed, Sealed this 20th day of November 2013

BY THE COURT