Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

  Download original PDF

Niwango v Malas [2010] VUSC 216; Land Appeal Case 02A of 2010 (24 August 2010)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Land Appellate Jurisdiction)

Land Appeal Case No. 02A of 2010

BETWEEN:

FAMILY MALAS NIWANGO
Appellants

AND:

FAMILY KALTOA MALAS
First Respondent

AND:

FAMILY KALTONGA TARIMALA
Second Respondent

AND:

FAMILY SONGORIKI
Third Respondent

AND:

FAMILY LAKELOTAUA
Fourth Respondent

AND:

FAMILY MASAU VAKALO
Fifth Respondent

AND:

FAMILY TARAVAKI
Sixth Respondent

AND:

FAMILY THERESA ANATU
Seventh Respondent

Mr. S. Hakwa for the Appellant (Family Malas Niwago)
Mr G. Nakou for 2^nd Respondent (Family Kaltonga Tarimala also an appellant)
Mr. S. Stephens for 3^rd Respondent (Family Songoriki also an appellant)
Family Masau Vakalo (Mr. J. Kilt is counsel) 5^th Respondent
Family Theresa Anatu (no counsel yet) 7^th Respondent
Family Lakelotana (present) – 4^th Respondent
Family Kaltoa Malas (present) – 1^st Respondent
No appearance by Family Taravaki – 6^th Respondent

ORDERS

1. The entire Judgment of the Efate Island Court in Land Case No. 06 of 1993 dated 2 March 2010 is stayed pending final determination of the appeal;

2. Costs reserved.

DATED at Port Vila, this 24^th day of August, 2010.

BY THE COURT

D.V.FATIAKI
Judge.

UPON HEARING Mr Silas Charles Hakwa of Counsel for Family Malas Niwango; Mr George Nakou of Counsel for Family Kaltongo Tarimiala; Mr Saling Stephens of Counsel for Family Songoriki; Mr Simeon Poilapa for Family Masau Vakalo; Mr Philip Delarue for Family Kaltoa Malas; Mr Kalchirau Anatu for Family Theresa Anatu and Mr Kaltalo Sambo for Family Lakeleotaua AND UPON READING the two Sworn Statements which Mr Noel Malas made on 14 April 2010 and 24 August 2010 respectively, IT IS HEREBY ORDERED as follows:-

1. The Judgment which the Efate Island Court made in Efate Island Court Land Case No. 06 of 1993 on 02 March 2010 is stayed pending final determination of Family Malas Niwango's Appeal filed herein.

2. The costs of and/or incident to this Application are reserved.

Dated at Port Vila on this 24th day of August 2010.

Honorable Daniel Fatiaki
Judge.