Tamai v Undualo Nakamal [2024] VUIC 6; Customary Land Case 3459 of 2023 (30 May 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Lakatoro, Malekula (Custom Land Jurisdiction)	Case No. 23/3459 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:	Undualo Pakal Alnirap Customary Land, North West Malekula, Vanuatu
AND IN THE MATTER OF:	A DECISION OF UNDUALO NAKAMAL, dated 13th December, 2018
BETWEEN:	Jack Tamai Pry village North West Malekula Vanuatu Applicant
AND:	Undualo Nakamal North West Malekula Vanuatu First Respondent
AND:	Family Waltersai Haphapat II Ahelmhalahlah Represented by Waltersai Haphapat II Ahelmhalahlah North West Malekula Vanuatu Second 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 Mr W. Haphapat II Ahelmhalahlah (self-represented), for 2nd Respondent

MINUTE & ORDER

Minute

1. Mr Fiuka appeared in Court Room 3 at Dumbea Hall in Vila, and Mr Aron and Mr Ahelmhalahlah appeared in the Lakatoro Court. Conference was held via video conference.
2. Mr Fiuka has filed an Application for enlargement of time and served on the respondents. Both respondents confirmed service of the application.
3. Mr Aron has not filed a response to the application for enlargement of time. He requested until 04/6/24 to be able to file his response and serve on the parties.
4. Mr Ahelmhalahlah has filed a response with a supporting sworn statement. He informed the court that he will be filing another sworn statement on 31/5/24.
5. 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
First Respondent	No response filed
Second Respondent	- Response to Applicant’s Application for Enlargement of Time to File Application for Review of existing decision of Nakamal (15//12/23) - Notice of intention to adduce further evidences on hearing as Waltersai Haphapat II Ahelmhalahlah’s Additional Sworn Statement in support of the Second Respondent’s Response to the Application for Review of existing decision of Nakamal

6. There is no Application of Review by the Applicant in the court file.
   

Direction Order
THE COURT makes the following directions:

1. That the Applicant must file an Application of Review before the Court hears the Application for Enlargement of time.
2. That the Application for Review must be served on the parties.

100. The matter is adjourned to 3^rd June, 2024, at 2:00pm for hearing of the Application to Enlarge Time.
     

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