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Taftumol Family v Lin [2007] VUSC 117; Land Appeal Case 04 of 1995 (12 December 2007)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(LAND APPELLATE JURISDICTION)

LAND APPEAL CASE NO. 04 OF 1995

BETWEEN:

TAFTUMOL FAMILY
represented by Chief Jean Paul Angelo Taftumol and
Chief Victor Andre Moltures of Belleru,
Santo, Republic of Vanuatu
(Appellant)

AND:

LOYROR LIN
(Spokesman Tom Siro) of Nambauk, Santo, Republic of Vanuatu
(First Respondent)

AND:

FAMILY TURA
of Saint Michel, Luganville, Santo, Republic of Vanuatu
(Second Defendant)

CONSENT ORDERS

UPON HEARING Mr. Felix Laumae T. Kabini of Counsel for Family Taftumol (the Appellant) and Mr. Sailing Stephens of Counsel for Loyror Lin (the First Respondent) and Mr. Hillary Toa of Counsel for Family Tura (the Second Respondent) AND UPON CONSENT of the parties, IT IS ORDERED that:

1. The appeal is allowed.

2. The Judgment of the Santo/Malo Island Court dated 14 July 1995 in Land Case No. 4 of 1992 is quashed.

3. The dispute between the three (3) parties is referred back for rehearing by differently constituted Santo/Malo Island Court.

DATED the 12^th day of December 2007.

We consent to these orders:

FELIX LAUMAE T. KABINI

For and on behalf of

TRANS-MELANESIAN LAWYERS

Solicitors for the Appellant

Saling Stephens

For and on behalf of

SALING STEPHENS &ASSOCIATES

Solicitors for the First Respondent

Hillary Toa

The Public Solicitor

Solicitors for the Second Respondent

Perfected, Signed and Sealed this 12^th day of December 2007.

BY THE COURT

JUSTICE OLIVER SAKSAK
Judge