Mala v Tapangatola [2008] VUSC 93; Civil Case 124-08 (13 August 2008)

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

CIVIL CASE No.124 OF 2008

BETWEEN:

CHARLIE MALA
Applicant/Claimant

AND:

THOMPSON TAPANGATOLA
JIF NOUPAT GEORGE
JIF DELWING MANAPANGAMANUA
JIF KALNAGIS VALEASA
JIF YOAN MARIASUA
JIF MARAKTANGELE
JIF MAPAKOA
JIF DAVIS TARIPOAKOTO
PASTOR MILLER ALBERT
Respondents/Defendants

Mr. Daniel Yawah for the Claimant – present
All Respondents in present (except Jif Marpakoa and Pastor Miller Albert)

JUDGMENT

An urgent application by the Applicant filed on 19 July 2008 was listed for hearing on 13 August 2008. The Urgent Application seeks the following orders pursuant to section 39 of the Customary Land Tribunal Act No. 7 of 2001:-

1. The Defendants must be summoned by the Court to attend Emau/Takara Council of Chiefs meeting on a specified date, time and place under the coordination of Pastor Miller Albert.
   
2. The Defendants must be empanelled urgently to speed up with the composition and the hearing of determination of customary ownership of Tavan Tarnas in Emmua island being the subject of the disputed land intended to be leased out for the purpose of erecting a telephone tower by Telecom Vanuatu Limited.
   
3. Costs of the application against the Defendants.
   
4. Such further or other orders the Court deems necessary.
   

The Applicant filed a sworn statement in support of the Application on 29 July 2008 and a Supreme Court claim to substantiate the interlocutory orders sought. The Supreme Court claim, claims for same relief sought in the Application in paragraphs 1 and 2 and damages to be assessed.

A sworn statement of urgency was filed on 7 August 2008. There was no urgency. The Application was listed for hearing on 13 August 2008 and it was heard on that date. The urgent application filed 29 August 2008 is dismissed. There is a misapprehension of the process as to how the Customary Land Tribunal Act 2001 is operating. There is no serious question to be tried. The Supreme Court claim filed in this case by the Claimant on 29 July 2008 is also withdrawn by the Claimant's counsel.

ORDER

1. Urgent Application dismissed.
   
2. Supreme Court claim withdrawn.
   
3. The Defendants are entitled to VT1,000 as a reimbursement of their transportation costs to the Court for the hearing of the application.
   

DATED at Port-Vila this 13th day of August 2008

BY THE COURT

Vincent LUNABEK
Chief Justice