Iesul v Family Kuanmane [1996] VUMC 10; Civil Case 28 of 96 (4 July 1996)

IN THE MAGISTRATE'S COURT OF
THE REPUBLIC OF VANUATU
FOR TAFEA PROVINCE
HELD AT ISANGEL, TANNA

CIVIL CASE No. 28/96

BETWEEN:

MR PETER IESUL
FOR FAMILY CHARLEY NALAU,
FAMILY IAWAK ANDREW,
KAPALU LUI AND WILLY IAU
(Plaintiff)

AND:

FAMILY KUANMANE
(Defendant)

FAMILY IARAPIA NAUHA
(2nd Defendant)

FAMILY WEA LINE
(3rd Defendant)

ORDER
(Section 13)
Island Courts Act CAP 167

PREVENTIVE ORDERS

Upon verbally hearing Mr Willy KORISA and Mr Peter IESUL for the plaintiff and Mr Tom KOUT for the 1st defendant, Mr Saman YAPEN for the 2nd defendant and Mr Manu IAIOFA for the 3rd defendant, the Court is satisfied that the land claim No. 02/95 at Lenakel area being subject to the dispute between Family Charley Nalau, Family Iawak Andrew, Family Kapalu Lui, Family Willy Iau and Family Kuanmane, Family Iarapia Nauha, Family Wea Line before the Island Court and upon consideration that peace and harmony should be maintained between the parties concerned therein until the matter is brought and dealt with by Nikoleten Council of Chiefs thereafter for its full determination by the Island Courts, this Court hereby makes the following preventive orders:-

(a) That Family Kuanmane, their relatives or agents shall cease from advancing any forms of agricultural or pastoral activities; erecting any new infrastructure apart from the existing buildings or initiating any development schemes and the likes or cleaning the bushes for such other purposes.

(b) That Family Iarapia Nauha, their relatives or agents shall cease from advancing any forms of agricultural or pastoral activities, erecting any new infrastructures apart from the existing buildings or initiating any development schemes and the likes or cleaning the bushes for such other purposes.

(c) That Family Wea Line, their relatives or agents shall cease from advancing any forms of agricultural or pastoral activities, erecting any new infrastructures apart from the existing or initiating any development schemes and the like or cleaning the bushes for such other purposes.

(d) That either parties has the liberty to apply for variation of the said Order.

(e) Costs of the application be reserved.

Dated at Isangel, this 4th day of July 1996.

BRUCE KALOTITI KALOTRIP
MAGISTRATE