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Family Sumsum v Vahas Village Land Tribunal - Minute and Order [2024] VUIC 4; Customary Land Case 2584 of 2017 (30 May 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Lakatoro, Malekula
(Custom Land Jurisdiction)
Case No. 17/2584 IC/CUST
IN THE MATTER OF:
SECTION 45 OF THE CUSTOMARY LAND MANAGEMENT ACT NO. 33 OF 2013 (Amendment)
AND IN THE MATTER OF:
METENAWA, TENMARU, LANAN, ANDUWAI, AMELTT, VAHASAMAI LAND WUNON NAKAMAL & VAHAS CUSTOMARY LAND TRIBUNAL, NORTH WEST MALEKULA
AND IN THE MATTER OF:
A DECISION OF VAHAS LAND TRIBUNAL, DATED 29TH MAY, 2009
BETWEEN:
Family Sumsum
Represented by Wilson Sumsum
Lanan village
Malekula
First Applicant
AND:
Family Titus
Represented by Chief Isaiah Titus
Metenawa village
Malekula
Second Applicant
AND:
Family Jerry Bong
Represented by Johnsley Jerry Bong
Vahas village
Malekula
Third Applicant
AND:
Vahas Village Land Tribunal (Single Nakamal)
Malekula
First Respondent
AND:
Chief Moise Joel
Bridely Litor
Renol Asasa
Silton Harry
David Aranmu
Jerry Laplele
George Laplele
North West Malekula
Second Respondents
Coram:
Senior Magistrate B. Kanas Joshua, Chairlady
Justice Douglas Fatdal
Justice Patisson Peter
Justice Joses Lingi
Justice Presila Susurup

Counsels:
Mr. J. Tari, for the 1st, 2nd and 3rd Applicants
Mr. S. Aron, for the 1st Respondent
Mr. S. Kalsakau, for the 2nd Respondent

MINUTE & ORDER

Minute

  1. Conference was held in the Lakatoro Court, with legal representatives present in Court Room 3 at Dumbea Hall in Vila, via video conference between Malekula and Vila.
  2. Mr. Kalsakau reminded the Court that there is a pending Application for Strike Out to be heard. He added that he has amended this Application and served on Mr. Tari and Mr. Aron.
  3. Mr Tari and Mr. Aron confirmed receipt of the amended Application for Strike Out.
  4. Contained in the court file are the following documents:
Applicant
- Application for Review
- Submission for the Applicants
First Respondent
- Response to the Application for Review
Second Respondent
- Application to Strike Out Application for Review, filed by first, second and third Applicants
- Amended Application to Strike Out the Application for Review, filed on 19/9/17

There are no responses filed by the Applicant to the Application to Strike Out.

  1. The annexures for the sworn statement of Raptigh Leo, George Willietien & Jerry Bong, in support of the Application for Review appears to be incomplete.

Direction Order


THE COURT makes the following directions,

  1. That the Applicant must file a response to the amended Application to Strike Out by next court date, and have it filed on the parties.
  2. That the Applicant must file a complete sworn statement of Raptigh Leo, George Willietien & Jerry Bong (filing date 19/9/17) with all the annexures, and have it served on all parties.
  1. That the matter is adjourned to 4th June, 2024, at 2:00pm for the hearing of the Application for Strike Out.

Dated in Lakatoro, on this 30th day of May, 2024


BY THE COURT


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


..................................
Justice Douglas Fatdal
..................................
Justice Patisson Peter
............................
Justice Joses Lingi
...................................
Justice Presila Susurup

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