Wild Cane Committee Incorporation v Timpoloamata [2005] VUSC 130; CC 104 2005 (24 November 2005)

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

CIVIL CASE No. 104 of 2005

BETWEEN:

THE WILD CANE COMMITTEE INCORPORATION
Claimant

AND:

CHIEF TIMPOLOAMATA
First Defendant

AND:

THE DIRECTOR OF LANDS
Second Defendant

Mr. Hillary Toa, Public Solicitor for the Claimant
Mr Willie Daniel for the First Defendant
Mr Tom Joe Botleng for the Second Defendant

JUDGMENT

1. The claim of the Claimant is truck for the following reasons:

(a) The Claimant is not the right Claimant to sue (the Court is prepared to give time to Claimant to amend his claim);

(b) However, the relief sought in (a) and (b) are beyond the powers of the Court. Even if one can say that relief (b) is within the powers of the Court, the Order if made could not be enforced as there is no lease in existence.

(c) The claim is prematurely brought before the Court.

2. The costs are for the First and Second Defendants and are assessed plus determined as follows:
   

(a) 35,000VT for the First Defendant;

(b) 5,000VT for the Second Defendant.

40,000VT in total.

3. Method of payment – The Claimant agrees to pay as follows:
   
   • - 2,500VT for the First Defendant to be paid every month
     
   • - 2,500VT for the Second Defendant to be paid every month
     

starting from 1 December 2005 until completion and by January 2006;

5,000VT to the First until full amount of VT35,000 is paid.

Dated at Port-Vila this 24^th day of November 2005

BY THE COURT

Vincent LUNABEK
Chief Justice