In re land known as Lounapas, Tanna, Iohnamu v Shem [2003] VUSC 84; Land Appeal Case 003 of 1984 (1 September 2003)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

LAND APPEAL CASE No. 03 OF 1984

IN THE MATTER OF: The Island Courts Act Chapter 167

AND

IN THE MATTER OF: Land Dispute Re. LOUNAPAS LAND, TANNA

BETWEEN:

SAM IOHNAMU
Appellant

AND:

TOM SHEM
BARNABAS NAREANG
WILLIE NAMBAS
SIMON NAVOU
Respondents

Counsels or representatives:

1. The appellant:

Sam Iohnamu (died), represented by Mr. Sam Malekem, his first born son.

2. The respondents:

Tom Shem not attend the Court as too old (over 70 years of age), represented by Mr. Keasipai Song, his first born son.

Willie Nambas (died), represented by Mr. Jimmy Nambas, his grand son.

Barnabas Narueng (died), represented by Mr. Nambo Moses, his grand son.

Simon Novou (died), represented by Mr. Johonah Robert, his grand son

JUDGMENT

This is a Conference hearing in respect to a Land Appeal Case No. 03 of 1984.

The conference is held on 1^st September 2003 at 9.00AM o’clock in the morning at Port-Vila. All the parties or their respective representatives attend the conference hearing.

The purpose of the conference is to manage and fix a date for the hearing of a Notice of Appeal lodged against a decision of the Island Court of Tanna of 1 September 1984.

The Island Court of Tanna in its decision of 13 September 1984 made the following Orders and Declarations:

“The Court declared that the main boundary between Latapu and Waisisi was the large creek which Tom Shem and Barnabas Narueng were firmly sticking to. The boundary starts on the high ground around the bamboo trees, and follows the creek to the stone named Nauka, by the sea.

The Court declared that all the claimants, Willie Nampas, Simon Nuvou, Tom Shem and Barnabas Narueng, each had the right to the land inside the large Waisisi boundary.

The Court only set the main boundary which was in dispute but the chiefs on the area would look into the minor boundaries within the Waisisi one.

The Court declared that the defendant, Sam Iohnamu should leave the Latapunga land and return to Latapu.”

The appellant, Sam Iohnamu had lodged a Notice of Appeal on 5 November 1984 against the above Tanna Island Court decision. The grounds as set out in the Notice of Appeal.

At the conference hearing of 1^st September 2003, the representative of the appellant, Mr. Sam Malekem informed the Court and all other parties and/or representative that the appellant wishes to withdraw his Notice of Appeal in Land Appeal Case No.03 of 1984 dated 5 November 1984 and he now applies for an Order to this effect.

There is no objection from the other parties. There is no application for costs by other parties.

On the basis of the above, the Court makes the following Orders:

1. That the Notice of Appeal dated 5 November 1984in the Land Appeal Case No. 03 of 1984 is hereby withdrawn.
   
2. The judgment of the Tanna Island Court of 13 September 1984 is now final and bound all parties and must be enforced accordingly.
   
3. Any application for the purpose of enforcing the Tanna Island Court land decision No. 1 of 1984 dated 13 September 1984 must be made before the Tanna Island Court presided over by a Magistrate having jurisdiction to hear land disputes in Tanna.
   
4. There is no Order as to costs.
   

DATED at Port-Vila, 1^st day of September 2003

BY THE COURT

Vincent LUNABEK
Chief Justice