Meltanor Tribe v Rano Tvalun Joint Council of Chiefs Nakamal [2024] VUIC 3; Customary Land Case 1467 of 2024 (30 May 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Lakatoro, Malekula (Custom Land Jurisdiction)	Case No. 24/1467 IC/CUST
IN THE MATTER OF:	Section 45 of the Custom Land Management Act No. 33 of 2013 (As Amended)
AND IN THE MATTER OF:	Potoa Carriere Customary Land, North East Malekula, Vanuatu
AND IN THE MATTER OF:	A Decision of Rano Tvalun Joint Council of Chiefs Nakamal, dated 22nd February, 2019
BETWEEN:	Meltanor Tribe & Family Bourmetenmal Represented by Gabriel Taissets Wala Island North East Malekula Applicant
AND:	Rano Tvalun Joint Council of Chiefs Nakamal Rano mainland North East Malekula First Respondent
AND:	Josephine Malep North East Malekula Second Respondent
AND:	Jean Noel Mtahin North East Malekula Third Respondent
AND:	Family Maltelour North East Malekula Fourth Respondent
AND:	Family Mutoserlowo North East Malekula Fifth Respondent
Coram: Ms B. Kanas Joshua, Chairlady Justice Douglas Fatdal Justice Patisson Peter Justice Joses Lingi Justice Presila Susurup Counsels: Mr P. Fiuka, for the Applicant Mr S. Aron, for the 1st Respondent No representation for 2nd, 3rd, 4th, 5th Respondents

MINUTE & ORDER

Minute

1. Mr Fiuka appeared for the Applicant in court room 3 at Dumbea Hall, in Vila. The Applicant was present in Lakatoro Court House.
2. Mr Aron appeared in court.
3. There was no appearance by respondents 2, 3, 4 and 5.
4. The Applicant informed the court that all the respondents were served personally. The Applicant had approached the second respondent at her house but she refused to take the documents. This was reported to the Registrar.
5. Mr Aron informed the court that he has not received any documents from the Applicant.
6. Contained in the court file are the following Applications and Responses (with supporting sworn statements):

Applicant	- Application for Enlargement of time to file Application for Review of existing decision of Nakamal - Application for Review of existing decision of Nakamal
First Respondent	No response filed
Second, Third, Fourth, Fifth Respondents	No response filed

7. The Court informed the parties present that a refusal to accept service of documents amounts to service. The Applicant must have evidence of this.
8. In addition, the Court stated that the matter will be adjourned to allow time for the respondents to change their perspective and file a response to the Applications filed by the applicant.
9. The Registrar of the ICL must inform the respondents of the direction that the Court will take if they do not file a response and continue to send Notices of the Court to them.
   

Direction Order
THE COURT makes the following directions:

1. That the Applicant must serve the first respondent with their application and supporting sworn statements.
2. That the Registrar must serve the second, third, fourth and fifth respondents with Notices of the Court and inform them of the consequences of their refusal to accept service of documents and responding to the Applications filed.

100. That the Registrar must also assist the respondents with a list of legal representatives.

4. That the matter is adjourned to the next session of ICL on Malekula. Parties will be notified accordingly.
   

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

BY THE COURT

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

.................................. Justice Douglas Fatdal	.................................. Justice Patisson Peter
............................ Justice Joses Lingi	................................... Justice Presila Susurup