Kalsakau v Director of Lands [2020] VUCA 21; Civil Appeal Case 2396 of 2019 (11 May 2020)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU (Civil Appellate Jurisdiction)	Civil Appeal Case No. 19/2396 CoA/CIVA
BETWEEN:	McGLORY KALSAKAU representing FAMILY KALSAKAU
	First Appellants
AND:	RUSSEL BAKOKOTO representing NAFLAK TEUFI
	Second Appellants
AND:	VAVAUTALO SOPE representing FAMILY SOPE of Imere
	Third Appellants
AND:	SAUWI KALPUKAI representing FAMILY NUNU NAPERIK MALA
	Fourth Appellants
AND:	DIRECTOR OF LANDS
	First Respondent
AND:	NATIONAL COORDINATOR OF THE CUSTOM LAND MANAGEMENT OFFICE
	Second Respondent
AND:	ANDREW CHICHIRUA representing FAMILY GEORGE KANO
	Third Respondent

Civil Appeal
Case No.19/1749 CoA/CIVA

BETWEEN:	FAMILY CHICHIRUA
	Appellant
And:	HUMPREY TAMATA, NATIONAL COORDINATOR OF THE CUSTOM LAND MANAGEMENT OFFICE
	First Respondent
And:	FAMILY GEORGE KANO represented by ANDREW CHICHIRUA
	Second Respondent
AND:	FAMILY KALSAKAU and OTHERS
	Third Respondents

Coram: Hon. Justice John William von Doussa

Hon. Justice Gus Andrée Wiltens

Hon. Justice Viran Molisa Trief

Counsel: Mr Sakiusa Kalsakau for the First, Third and Fourth Appellants

Mr Sammy Aron for the First and Second Respondents

Mr Jack Kilu for the Third Respondent

Date of Hearing: 11^th May 2020

MINUTE

By application filed on 7 February 2020 the appellants in Civil Case No 2396 of 2019 applied to this court for clarification/review of the final judgment of the court in these appeals delivered on 15 November 2019. When the matter was called on Mr S Kalsakau for the appellants informed the court that upon reflection his clients considered that the matters which they had proposed to canvas before the court concerned a land transaction which occurred in about 1999, well before the legislation considered by the court in these appeals. The applicants therefore sought leave to withdraw their application.

The respondents raised no objection to the withdrawal of the application, and made a no application for costs.

The court granted leave to the appellants to withdraw their application.

DATED at Port Vila, this 11^th day of May 2020

BY THE COURT

The Hon John von Doussa
Judge