Kalsakau v Director of Lands [2020] VUCA 6; Civil Appeal Case 2396 of 2019 (20 February 2020)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU (Appellate Jurisdiction)	Civil Appeal Case No. 19/2396 CoA/CIVA
BETWEEN:	McGLORY KALSAKAU & OTHERS
	Appellants
AND:	THE DIRECTOR OF LANDS First Respondent
AND:	NATIONAL COORDINATOR OF CUSTOM LAND MANAGEMENT OFFICE
	Second Respondent
AND:	ANDREW CHICHIRUA representing FAMILY GEORGE KANO
	Third Respondent

Date of Hearing: 17 February 2020

Before: Chief Justice V. Lunabek
Justice J.W. Hansen
Justice R. C. White
Justice D. Aru

Justice G.A. Andrée Wiltens

Justice V. M. Trief

In Attendance: S. Kalsakau for the Appellants

S. Aron for the Respondents

No appearance for the Third Respondent

Date of Decision: 20 February 2020

Minute of the Court

1. This is an application by the appellants seeking clarification/review of this Court’s judgment dated 15^th November 2019.
   
2. The first and second respondents filed a brief submission stating they took a neutral position in relation to the application. There was no appearance for the third respondent.
   
3. This Court considered that it would receive assistance from a full submission from the first and second respondents. The position of the third respondent, who took an active part in the appeal, would also be valuable to the Court.
   
4. For that and other reasons we determined this matter should be stood over to the May session of this Court and if possible to be dealt with as a first fixture.
   
5. We order:
   
   • (i) The first and second respondents are to file a supplementary submissions within 4 weeks of the 17^th February 2020.
   • (ii) The third respondent, if so advised, to file his submissions by the same date.

(iii) Any response from the appellants to be filed 2 weeks thereafter.

6. This minute is to be served on the solicitors for the appellant and the first and second respondents. It is also to be served personally on the third respondent as well as his solicitor
   

Dated at Port Vila this 20th day of February 2020

BY THE COURT

.................................................
Justice John W. Hansen