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British Petroleum PLC v Tapumanaia [2003] TVHC 34; Case No 02 of 1999 (30 September 2003)

IN THE HIGH COURT OF TUVALU

CIVIL JURISDICTION

Civil Case No. 2/99

BRITISH PETROLEUM PLC
Applicant

v

FALEFAEA TAPUMANAIA
1^st Respondent

and

PENIATA TUI
2^nd Respondent

and

ATTORNEY GENERAL
3^rd Respondent

HAVING HEARD the parties

IT IS ORDERED that:

1. that the boundaries established by the survey of Michael Whippy from Pro-Survis of Fiji be accepted as the boundaries first marked by Leaney in 1970 and shall be marked and taken as the true boundaries of the lease with the following qualifications:

(a) In view of the close correspondence of the boundary of the land leased from the second respondent with the present fence line, I direct that the present fence line be taken as the boundaries AF (F is unmarked on the Whippy plan but is the corner adjacent to the mark Fun 23) and FE (AE and EF on the Leaney and Lands and Survey plans) of the land leased from the second respondent but that the boundary on the eastern side shall be that marked on the Whippy plan as ED (FD in the Leaney and Lands and Survey plans).

(b) The whole of the present fence on the western boundary of the site and Marked FAB on the survey (EAB on the Leaney and Lands and Survey plans) shall be taken as the boundary of the leased land on the undertaking given by the Attorney General that the Government will not challenge BP's right to use the small area of its land which is enclosed. The boundary from the north western corner of the present fence to point B shall be as shown on the Whippy plan.

(c) The boundaries BC and CD on the Whippy plan shall be taken as those on the original lease.

2. that the Funafuti Lands Court shall file and note the plans in this case and shall treat the Whippy plan as conclusive of the position of the boundaries of the original leases.

3. that the first respondent shall allow British Petroleum to enter, enclose and use all such parts of the land lying within the pegs ABC and D and that he, his family, servants or agents shall not disturb or obstruct British Petroleum in its entry onto and quiet enjoyment of that land.

4. that the second respondent shall allow British Petroleum to entry, enclose and use all such parts of the land lying within the pegs ADE and 'F' which lie outside the fence of the eastern side of the site and that he, his family, servants or agents shall not disturb or obstruct British Petroleum in its entry onto and quiet enjoyment of that land.

Dated this 3^rd day of September, 2003

CHIEF JUSTICE