Nimbtick v Amok Village Land Tribunal [2024] VUIC 5; Customary Land Case 3010 of 2023 (30 May 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Lakatoro, Malekula (Custom Land Jurisdiction)	Case No. 23/3010 IC/CUST
IN THE MATTER OF:	Section 58 of the Custom Land Management Act No. 33 of 2013
AND IN THE MATTER OF:	Amu Customary Land, Malekula
AND IN THE MATTER OF:	Amok Village Land Tribunal Decision, dated 17th September, 2009
BETWEEN:	John Nelson Nimbtick Representing his people of Amokawai Malekula Applicant
AND:	Amok Village Land Tribunal Malekula First Respondent
AND:	Jean Martin Nidvaun Malekula Second Respondent
Coram: Ms B. Kanas Joshua, Chairlady Justice Douglas Fatdal Justice Patisson Peter Justice Joses Lingi Justice Presila Susurup Counsels: Mr E. Macreveth, for the Applicant Mr S. Aron, for the 1st Respondent Mr J. Tari, for 2nd Respondent

MINUTE & ORDER

Minute

1. There was no appearance of counsel for the Applicant. He had previously informed the Registrar for ICL that he will make his way to Malekula via sea transportation, due to the difficulty in securing flights after Air Vanuatu had gone into liquidation.
2. Mr Aron appeared in the Lakatoro Court, and Mr Tari appeared in Court Room 3 at Dumbea Hall in Vila, via video conference.
3. Mr Tari informed the court that he has not received the Application for Review, however, he has received a sworn statement from the Applicant.
4. Mr Aron informed the court that has not received any documents from the Applicant.
5. Contained in the court file are the following documents:

Applicant	- Application for Extension of time for Review - Application for Review (with supporting sworn statements)
First Respondent	No response filed
Second Respondent	No response filed

Direction Order
THE COURT makes the following directions:

1. That the Applicant must serve the Application of Review and the Application for Extension of time, with the supporting sworn statements on the all parties.
2. That the first and second Respondents must file a response, with any supporting sworn statements, and have it served on the Applicant after receipt of (a) above.

100. That the matter is adjourned to the next session of Island Court (Land). Parties will be notified of the date.
     

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