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Otak v Larvat Village Land Tribunal [2024] VUIC 2; Customary Land Case 1464 of 2024 (30 May 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Lakatoro, Malekula
(Custom Land Jurisdiction)
Case No. 24/1464 IC/CUST
IN THE MATTER OF:
Section 58 of the Custom Land Management Act No. 33 of 2013 (As Amended)
AND IN THE MATTER OF:
Tenmel Customary Land, Malekula
AND IN THE MATTER OF:
Larvat Village Land Tribunal decision, dated 8th August, 2009
BETWEEN:
Michael Stephen Otak
Tautu village
Malekula
Applicant
AND:
Larvat Village Land Tribunal
Malekula
First Respondent
AND:
Sethy Aiman
Larvat village
West Malekula
Second Respondent
Coram:
Ms B. Kanas Joshua, Chairlady
Justice Douglas Fatdal
Justice Patisson Peter
Justice Joses Lingi
Justice Precilla Susurup

Counsels:
Mr E. Macreveth, for the Applicant
Mr S. Aron, for the 1st Respondent
Mr D. Yawha, for 2nd Respondent

MINUTE & ORDER

Minute

  1. The applicant was present in Lakatoro court house. Counsel for the applicant informed the Court via email that he would make his way to Malekula this week by sea transportation due to the liquidation of Air Vanuatu.
  2. Mr Yawha appeared in court room 3 at Dumbea Hall, in Vila. Mr Aron appeared in Lakatoro court house. Conference was held via zoom link.
  3. Mr Yawha informed the Court that he has been served the documents. However, Mr Aron indicated that he has not received any documents.
  4. Mr Yawha further stated that he is unable to proceed with the matter in this session as he needs to obtain instructions from his client.
  5. The court file contains the following documents:
Applicant
- Application for Review with supporting sworn statements
- Application for Extension of Time for Review with supporting documents
First respondent
No documents filed
Second respondent
No documents filed

Direction Order
THE COURT makes the following directions:

  1. That the Applicant must serve the first respondent with the Applications filed and all its supporting documents.
  2. That both respondents must file a response to both Applications, and any supporting statements before the next session of Island Court (Land) in Malekula.
  1. That the matter is adjourned to the next session of Island Court (Land) in Malekula, for hearing of the Application for Extension of Time. Parties will be duly informed of the date.

Dated in Lakatoro, on this 30th day of May, 2024


BY THE COURT


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



..................................
Justice Douglas Fatdal

..................................
Justice Patisson Peter

............................
Justice Joses Lingi

...................................
Justice Precilla Susurup


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