Kalsakau v Family Bakokoto [1994] VUIC 1; Civil Case 83 of 1994 (28 March 1994)

IN THE EFATE ISLAND COURT OF
THE REPUBLIC OF VANUATU
HELD AT PORT VILA
(CIVIL JURISDICTION)

CIVIL CASE NO. 83/94

Before the Efate Island Court sitting at Port Vila on 25th March 1994,

BETWEEN

NARU KALBEAU KALSAKAU
of Ifira Tenuku Efate
PLAINTIFF

AND

FAMILY BAKOKOTO,
MR. STEVEN KALSAKAU
AND RAVE
all of Ifira Tenuku Efate
DEFENDANTS

WHEREAS:

On the 18th March 1994 a complaint was laid before this Court under the Provision of section 13(d) of the Island Courts Act No. 10 of 1983, that the defendants be restrained where appropriate the use or occupation of the land area situated at Tagabe area Vila (marked "A" and attached hereto), a land area claimed by the plaintiff at the Efate Island Court and stands pending hearing.

The plaintiff claims he had been sent by the chief of Ifira Island to proceed with this particular land matter in the Efate Island Court. Upon reply the defendant Mr. Billy Bakokoto says this isn't a true statement. He informs that where a land dispute is concern it has to be brought before all the Customary levels before the Island Court. He read out in court a judgment made by the chief or chiefs of Ifira which states that Family Bakokoto is the custom owner of the land area claimed by the plaintiff in the Efate Island Court.

The plaintiff wishes development on the said land area to cease progress until such time when the matter is resolved in the courts.

There was no mention of any particular plots in the named area sold to anyone, and that this area is outside the urban area of Port Vila. The court dismisses any claims made by the defendant of any compensation to be made if development ceased to progress.

By the powers conveyed by section 13(d) of the Island Courts Act No. 10 of 1983 the Efate Island Court hereby make the following order.

ORDER

1. That the defendants are restrained or prohibited to further develop or allow any development within the area named, marked "A" and attached hereto.

The order will commence on this 25th day of March 1994.

Any party who wishes to appeal against this order has 30 days from this day to do so.

Dated at Port Vila this 28th day of March 1994.

S.R. BANI
EFATE ISLAND COURT CLERK