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Kalses v Le Mangenese de Vate Ltd [2005] VUSC 4; Civil Case 148 of 2003 (27 January 2005)

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


Civil Case No. 148 of 2003


BETWEEN:


KALOMUT KALSES, SUPU KALANGIS, RICHARD KALSES, BOB KALSAOPA, DAVID KALTAKEI BANI, FRANCISE KALFAU
First Claimants


AND:


FREDDY KALSES, JACK KALSAKAR, HARRIS KALO
Second Claimants


AND:


LE MANGENESE DE VATE LIMITED
First Defendant


AND:


FORARI DEVELOPMENT COMPANY LIMITED
Second Defendant


AND:


DIRECTOR OF LAND RECORDS DEPARTMENT
Third Defendant


Mr Boar for Claimants
Mr Malcolm for First and Second Defendants


ORDERS


(1) Having considered the evidence heard and set out in the hearing of 16 December 2004 and further to the written Judgment of 27 January 2005 this Court declares that the First Claimants consent to the transfer of lease 002 to Vanuatu Project Management Limited has been unreasonably withheld and orders that such consent now be given.

(2) A hearing to determine costs is set for 9 am on 14 March 2004.

Dated at Port Vila, this 27th day of January, 2005.


BY THE COURT


P. I. TRESTON
Judge


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