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Supreme Court of Vanuatu |
IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT PORT VILA
(Appellate Jurisdiction)
Appeal Case No. 4 of 1999
BETWEEN:
DICKSON MASSING & PAUL MASSING
(Appellants)
AND:
JOHN ATEL
(Respondent)
ORDER
Upon hearing Mr. Kilu for the appellants and Mr. Stephens for the respondent it is hereby ordered that:-
1. The respondent file and serve by 3.00 p.m on 11 May his affidavit and those of any witnesses setting at his position concerning the meetings of the Chiefs on 22 and 29 March 2001 and the Orders to be considered as set in paragraph 4.
2. The Appellants file and serve be 3.00 p.m on 8 June affidavits exhibiting:
(a) a signed copy of the findings of the Chiefs,
(b) what was done to notify the appellant and any other interested parties,
(c) who was present from the interested parties on 22 and 29 March and which group they were from,
(d) answering any other points from the respondents affidavits as filed under paragraph 1.
3. There will be hearing in Santo on 22 June at 8.30 am and all people giving affidavits must be present.
4. On 22 June the Court will consider
(a) if the appellant was given proper notice of the meetings on 22 and 29 March and the opportunity to be heard and
(b) if an order should be made for the appellant and his group to vacate the land and it be occupied according to the decision of the North Ambrym Area Council of Chiefs,
(c) Costs.
5. The status quo on Barereo land is to remain as it was on 2nd March 2001 until 22 June. That means nobody can go and live on the land or plant a garden, cut copra or do anything else on or to the land unless they were doing it on 2nd March 2001.
That also means that anyone on the Land must not cause damage or spoil the land or anything on or attached to the land.
DATED at Port Vila this 19th April 2001
R.J. COVENTRY
Judge
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