Jacob v Natonga [2006] VUSC 48; Civil Case 015 of 2005 (20 June 2006)

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

CIVIL CASE No.15 of 2005

BETWEEN:

NANCY JACOB, SHIRLEY JACOB, JOHN JACOB
Claimants

AND:

SABI NATONGA

First Defendant

AND:

ABEL KALKOT
Second Defendant

AND:

THE DIRECTOR OF LAND RECORDS
Third Defendant

The Claimants are not present
Mr Kiel Loughman for the First Defendant
The Second Defendant is not present
The Third Defendant by counsel of the State Law Office accepts the jurisdiction of the Court and abide by any Order of the Court

JUDGMENT ON COUNTERCLAIM

This is a claim by the First Defendant to evict the Claimants from a land Title 12/0912/409 situated at No.2 Lagoon, Erakor area, Efate. This claim is filed as a counterclaim to a claim made by the Claimants on 3 February 2003. The Claimants’ claim had been struck out by the Court for want of prosecution on 7 April 2006.

The First Defendant pursued his counterclaim against the Claimants. Directions were issued by the Court subsequently.

On 7 April 2006, the Claimants were directed to file and serve their defence to the First Defendant’s counterclaim and any sworn statements in support by 20 April 2006 at 2.00Pm o’clock. The Claimants then by letter dated 10th May 200-6 wrote to the Court via the Acting Registrar of the Court advising that they received the Court Directions requiring them to file a defence and sworn statement in support by 20 April 2006. They request the Court to re-schedule the hearing of the counterclaim. On 11 May 2006, one of the Claimants, Mr John Jacob, attended the Court and requested an adjournment for the same reasons as stated above. He also indicated that the Claimants will need a lawyer. The Court adjourned the matter and directed the Claimants to find themselves a lawyer and file and serve a defence to the counterclaim of the First Defendant and any sworn statement in support by 11 June 2006 at 3.00PM. The counterclaim was re-scheduled for hearing on 20 June 2006 at 2.00PM.

On 20 June 2006, the First Defendant, Sabi Natonga attended the hearing. He was ready and prepared to give evidence in support of his counterclaim. The Claimants did not attend. Mr Kiel Loughman applies for the counterclaim to be heard. The Court directed for the First Defendant to put his case before the Court.

The First Defendant, Sabi Natonga, filed a sworn statement dated 27 June 2005 in support of his counterclaim. He took his oath into the witness box and gave evidence on the basis of his sworn statement. He was not cross-examined. The content of his undisputed sworn statement which is confirmed by his oral testimony is to the following effect:-

A lease was approved for him as the lessee on 16 May 2001. The lease is a rural residential lease Title No.12/0912/409. He followed correct procedures to obtain the lease. The lease is over a custom land called "EKOFTAU" at No.2 Lagoon, Erakor, on the Island of Efate. He exhibited a Certificate from the Council of Chiefs of Erakor dated 10 May 2000, certifying the Family of Abel Kalkot as the custom owner of that land. The lease shows that Abel Kakot is the lessor and Sabi Natonga, the lessee.

A copy of the survey plan made on the said land was also exhibited in the statement. After the First Defendant obtained his lease, he discovered that the Claimants reside on some part of that land.

On 23 October 2001, he issued notice to the Claimants to vacate the land. The Claimants refuse to vacate the land. The Claimants attempted to resist the notice and file a separate claim in CC 87 of 2001. That claim was struck out for want of prosecution. The Claimant then filed their claim in CC15 of 2005. The claim was also struck out by the Court for want of prosecution as mentioned in the early part of this judgment.
The Claimants live in semi-permanent buildings. They started to vacate the land at the time of the proceedings.

I find and accept the evidence of Sabi Natonga. The judgement is entered in favour of the First Defendant, Sabi Natonga. The following Orders are made by the Court:

ORDER

1. The following Claimants: Nancy Jacob, Shirley Jacob and John Jacob and their respective families and relatives are ordered and directed to vacate and evict the land Title 12/0912/409.
   
2. That Order 1 above is suspended for a period of 3 months i.e. until 20 September 2006 to allow the Claimants time to move out of the said land.
   
3. The First Defendant is entitled to his costs to be agreed if not determined.
   

DATED at Port-Vila this 20th day of June 2006

BY THE COURT

Vincent LUNABEK

Chief Justice