Family Totowa v Imasa and Ikaukau Nakamal [2024] VUIC 16; Customary Land Case 1839 of 2024 (17 July 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Isangel, Tanna (Custom Land Jurisdiction)	Case No. 24/1839 IC/CUST
IN THE MATTER OF:	Section 45 of Custom Land Management Act No. 33 of 2013
AND IN THE MATTER OF:	Sura & Iafatu Custom Land, Aniwa, TAFEA Province, Vanuatu
AND IN THE MATTER OF:	A decision of Imasa & Ikaukau Nakamal, dated 22 & 23 April 2021
BETWEEN:	Family Tatuna Totowa (Represented by Charley David Mandavah) Tanna Applicant
AND:	Imasa & Ikaukau Nakamal Aniwa TAFEA Province Vanuatu First Respondent
AND:	Family Kappa Family Taseru Family Wani Family Situ Family Rafou Family Mangapen Family Seirangrang Family Tavou Family Samoria Family Waiwai Family Ture Aniwa Second Respondent
AND:	Family Poida Family Matu Family Yawila Family Salowei Third Respondent
Coram: Senior Magistrate B. Kanas Joshua, Chairlady Justice Tipalo Ianavir Justice William Loumai Justice Jocelyn Namaka Usua Justice Benjamin Kuao Justice Sam Naiu (Observer) Ms Collyne Tete Maki (Registrar) Counsels: No appearance for the Applicant Mr L. Huri, for 1st Respondent Mr D. Yawha, for 2nd and 3rd Respondents

MINUTE & ORDER

1. There was no appearance for the Applicant. Mr Lennon Huri appeared for the first respondent, and Mr Daniel Yawha appeared for the second respondent.
   
2. The applicant is represented by Mr Andrew Bal. Mr Bal informed the Court by correspondence that he is involved in another matter in the Supreme Court in Santo so he will not be able to attend the Island Court (Land) session in Tanna. He sought an adjournment which Mr Yawha did not object to.
   
3. Mr Yawha informed the Court that they had filed an Application for Strike Out on 05/7/24. However, on 17/6/24, the Applicant filed an Application for Leave to file Application for Review out of time.
   
4. The Court informed the parties to file their responses to the respective applications and the Court will hear the application that was filed first.
   
5. The contents in the court file are as follows:

Applicant	- Application for Review - Application for leave to file Application for Review and Application for Review of Decision of Nakamal - Sworn Statement of Charley David Mandavah
Second respondent	- Application to Strike Out - Sworn Statement of Joe Ture in response to David Mandavah

6. The court file contains copies of the Application for Review, which should be dispatched to the respondents. As seen in the contents above, there is no response from the first respondent.
   

Direction Order

THE COURT hereby makes the following direction orders:

1. That the first respondent is given 14 days to file a response and have it served on all parties before next court date.
   
2. That the second respondent is given 14 days to file a response to the Application for leave to file out of time and have it served on all parties before next court date.
   

100. That the matter is adjourned to the next session of Island Court (Land) on Tanna, for hearing of the Application for leave to file Application for Review out of time.
     

Dated in Isangel, Tanna, on this 17^th day of July, 2024

BY THE COURT

......................................
B. Kanas Joshua (SM)
CHAIRLADY

.................................. Justice Tipalo Ianavir	.................................. Justice William Loumai
............................................ Justice Jocelyn Namaka Usua	................................... Justice Benjamin Kuao