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Niko v Tan Iuanu Joint Tribe Council [2024] VUIC 15; Customary Land Case 1682 of 2024 (17 July 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Isangel, Tanna
(Custom Land Jurisdiction)
Case No. 24/1682 IC/CUST
IN THE MATTER OF:
Section 45 of Custom Land Management Act No. 33 of 2013
AND IN THE MATTER OF:
Nakane Land
AND IN THE MATTER OF:
A decision of Tan Iuanu Joint Tribe Council, dated 6 April 2024
BETWEEN:
Iopath Niko
Tanna
Applicant
AND:
Tan Iuanu Joint Tribe Council
Tanna
First Respondent
AND:
Iouioukating
Tanna
Second Respondent
Coram:
Senior Magistrate B. Kanas Joshua, Chairlady
Justice Tipalo Ianavir
Justice William Loumai
Justice Jocelyn Namaka Usua
Justice Benjamin Kuao
Justice Sam Naiu (Observer)
Ms Collyne Tete Maki (Registrar)

Counsels:
Mr D. Yawha, for the Applicant
Mr L. Huri, for 1st Respondent
No appearance for the 2nd Respondent

MINUTE & ORDER

  1. Mr Daniel Yawha appeared for the Applicant. Mr Lennon Huri appeared for the first respondent, however, there was no appearance for the second respondent.
  2. Mr Yawha informed the Court that the Tanna Island Court clerk has had the documents for some time but only just served the respondents last week. He also confirmed that the second respondent does not have a legal representative.
  3. Mr Huri informed the Court that he has not been served with any documents.
  4. The contents in the court file are as follows:
Applicant
- Sworn Statement of Natuman Tuai in support of the Application for Review of the Judgment

  1. The court file does not contain an Application for Review.

Direction Order


THE COURT hereby makes the following direction orders:


  1. That the Applicant must furnish the Court with an Application for Review, otherwise this matter will be considered null and void.
  2. That the Applicant must serve the First Respondent with the Application for Review and any supporting documents.
  1. That both respondents are given 14 days to file a response and have it served on all parties.
  1. That the matter is adjourned to the next session of Island Court (Land) on Tanna, for hearing of the Application for Review.

Dated in Isangel, Tanna, on this 17th day of July, 2024


BY THE COURT


......................................
B. Kanas Joshua (SM)
CHAIRLADY


..................................
Justice Tipalo Ianavir
..................................
Justice William Loumai

............................................
Justice Jocelyn Namaka Usua
...................................
Justice Benjamin Kuao

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