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Tariwer v Kwirinavanua [2016] VUSC 171; Judicial Review 24 of 2015 (17 October 2016)

Coram: Justice Mary Sey
Counsel: Mr. Willie Daniel for lhe Claimant
Mr. Sammy Aron for the Defendant
Date of Decision: 17 October 2016

RULING

This case concerns the refusal of the National Coordinator otor of Land Dispute Management to grant the Claimant a Certificate of Registered Interest in land in respect of named leasehold titles located within the Forari/Manuro customary land boundary.

The Claimant’s application is for judicial review to quash the decision of the Defendant as contained in a letter dated 18 M ay 2015. The application is opposed.

Upon Reading the papers filed and having heard and considered the submissions of counsel, I reject the submissions of defence counsel and hereby make the following quashing and mandatory Orders:

1. The National Coordinator’s decision refusing to grant the Claimant a Certificate of Registered Interest in land in respect of named leasehold titles located within the Forari/Manuro customary land boundary as contained in his letter to the Claimant dated 18 M ay 2015 is hereby quashed.
   
2. The National Coordinator is hereby ordered within 14 days from today to issue to the Claimant a Certificate of Registered Interest in respect of leasehold titles located within the Forari/Manuro customary land boundary as declared by the Forari Village Land Tribunal on 14 February 2014.
   
3. Section 19 (2) of the Custom Land Management Act provides an avenue for challenging an improperly recorded interest in land.
4. The Claimant is awarded standard costs to be taxed by the Master if not agreed.
   

DATED at Port Vila this 17th day of October, 2016

BY THE COURT

...........................

M. M. SEY

Judge