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Metau v Jonah [1986] VULawRp 17; [1980-1994] Van LR 260 (1 December 1986)

[1980-1994] Van LR 260

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CIVIL JURISDICTION

Civil Case No. 233 of 1986

IN THE MATTER OF:

MARGUERITE METAU
Applicant

AND:

OBED JONAH, CHIEF JONAH, MEWO LETAU,
ISAAC KELIU and JIMMY MIEL
Respondents

Coram: E.P. Goldsbrough, Acting Judge

JUDGMENT

[INDEPENDENCE - REGISTRATION OF LAND - land dealings]

This case is about finding out who now has the right to use the land in titles 341 and 342. The Court is not today here to decide who the custom owners of the land are.

In 1980 on the Independence of Vanuatu all land was said to go back to its custom owners. This was because much land in Vanuatu was occupied by foreigners who had paid little or nothing for that land.

The people who were to loose rights to the land became known as "alienators", and although they lost their ownership of the land the government of Vanuatu gave these people certain rights.

These people, the alienators, were given the right to stay on the land until either they negotiated a lease of the land with its custom owners under which the custom owners would receive regular money from the rent or until the custom owners paid the alienators for any improvements that had been made to the land. The custom owners did not have to buy back their land they had only to pay for improvements to it such as fences, roads and newly planted coconuts.

Whether people agree with this or not it is the law of the land and must be obeyed equally by everyone.

In this case, the applicant Marguerite Metau asks the Court to accept that she is alienator of 341 and 342. She says all or some of the five respondents, that is Chief Jonah, Obed Jonah, Isaac Keliu, Mewo Letau and Jimmy Miel have unlawfully occupied part of that land. She says it is unlawful because she has not been paid the compensation due for improvements that she has made.

Three of the respondents have told the court that they do not occupy any of Mrs Metau's land, because they know that would be wrong. The Court accepts their evidence and therefore discharges them from this hearing.

That means that as far as Mewo Letau, Isaac Keliu and Jimmy Miel are concerned the court believes that they are not trespassing on this land now and makes no order against them.

As far as Chief Jonah and Obed Jonah are concerned it is clear from their evidence that they are and continue to trespass on this land. They do not challenge the assertion that Mrs Metau is the alienator and base their claim to occupy the land on Nagriamel politics. They claim that they do not know the law giving back land to custom owners.

If it is true that they did not know what the law said before today then from today they can no longer say that, as the Court today has told them what the law is.

This court is satisfied that Marguerite Metau is the alienator of 341 and 342, and therefore entitled to occupy the land until she either enters into a lease or is paid compensation for improvements, and so declares.

It is further satisfied that Chief Jonah and Obed Jonah unlawfully occupy part of that land and hereby orders that they leave the land and are prohibited from going back onto the land of 341 and 342.

They are also prohibited from taking cattle or coconuts from this land, and from grazing any cattle they may have on this land.

If any of the custom owners seek to re-occupy this land, what they must do is quite simple. They must find out what compensation they owe Mrs Metau, and there is a Lands Referee whose job it is to fix the level of compensation. If they pay her that amount they are entitled to have their land back.

If they want income from the land, they should enter into a lease with Mrs Metau if she wants to stay. Then she will be obliged to pay rent for the ground which the custom owners will be entitled to. The Lands Referee is also the one who says what the correct rent should be.

All of this is not up to the court. It is up to the people who claim to be custom owners.

As far as this court is concerned it simply declares Mrs Metau to be the alienator for titles 341 and 342 and prohibits anyone, and in particular Chief Jonah and Obed Jonah from occupying that land until compensation is paid to Mrs Metau.

Obed Jonah and Chief Jonah you have both heard the orders that this court has made today. This court will have no hesitation in coming back here if it is reported that you have failed to comply with the order of this court.

Failure to comply with an order of the Supreme Court is punishable with imprisonment, until the contempt is gone.

You have been told what you have to do and all these people here today have heard what you must do as well. Make sure that you comply with this order.

The Court has not ordered in the alternative suggested of damages being awarded since it is satisfied that these respondents would both not be in a position to pay such an order. If they say today that they have the means to pay or at any time in the future say they can and are prepared to pay the compensation then subject to it being ascertained by the Lands Referee, the court will vary its order.

E.P. GOLDSBROUGH
ACTING JUDGE