IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Isangel, Tanna
(Custom Land Jurisdiction)
	Case No. 24/1839 IC/CUST	
IN THE MATTER OF:	Section 45 of Custom Land Management Act No. 33 of 2013
	
AND IN THE MATTER OF:	Sura & Iafatu Custom Land, Aniwa, TAFEA Province, Vanuatu
	
AND IN THE MATTER OF:	A decision of Imasa & Ikaukau Nakamal, dated 22 & 23 April 2021
	
BETWEEN:	Family Tatuna Totowa
(Represented by Charley David Mandavah)
Tanna
Applicant
	
AND:	Imasa & Ikaukau Nakamal 
Aniwa 
TAFEA Province
Vanuatu
First Respondent
	
AND:	Family Kappa
Family Taseru
Family Wani
Family Situ
Family Rafou
Family Mangapen
Family Seirangrang
Family Tavou
Family Samoria
Family Waiwai
Family Ture
Aniwa
Second Respondent
	
AND:	Family Poida
Family Matu
Family Yawila
Family Salowei
Third Respondent	
Coram: 
Senior Magistrate B. Kanas Joshua, Chairlady
Justice Tipalo Ianavir
Justice William Loumai
Justice Jocelyn Namaka Usua
Justice Benjamin Kuao
Justice Sam Naiu (Observer)
Ms Collyne Tete Maki (Registrar)

Counsels:
No appearance for the Applicant
Mr L. Huri, for 1st Respondent
Mr D. Yawha, for 2nd and 3rd Respondents
	
MINUTE & ORDER
1.	There was no appearance for the Applicant. Mr Lennon Huri appeared for the first respondent, and Mr Daniel Yawha appeared for the second respondent.

2.	The applicant is represented by Mr Andrew Bal. Mr Bal informed the Court by correspondence that he is involved in another matter in the Supreme Court in Santo so he will not be able to attend the Island Court (Land) session in Tanna. He sought an adjournment which Mr Yawha did not object to.

3.	Mr Yawha informed the Court that they had filed an Application for Strike Out on 05/7/24. However, on 17/6/24, the Applicant filed an Application for Leave to file Application for Review out of time.

4.	The Court informed the parties to file their responses to the respective applications and the Court will hear the application that was filed first.

5.	The contents in the court file are as follows:
Applicant	-	Application for Review
-	Application for leave to file Application for Review and Application for Review of Decision of Nakamal
-	Sworn Statement of Charley David Mandavah	
 Second respondent	-	Application to Strike Out
-	Sworn Statement of Joe Ture in response to David Mandavah	

6.	The court file contains copies of the Application for Review, which should be dispatched to the respondents. As seen in the contents above, there is no response from the first respondent.

Direction Order

THE COURT hereby makes the following direction orders:

a)	That the first respondent is given 14 days to file a response and have it served on all parties before next court date.

b)	That the second respondent is given 14 days to file a response to the Application for leave to file out of time and have it served on all parties before next court date.

c)	That the matter is adjourned to the next session of Island Court (Land) on Tanna, for hearing of the Application for leave to file Application for Review out of time.

Dated in Isangel, Tanna, on this 17th day of July, 2024

BY THE COURT

………………………………..
B. Kanas Joshua (SM)
CHAIRLADY

…………………………….
Justice Tipalo Ianavir	
…………………………….
Justice William Loumai	

……………………………………..
Justice Jocelyn Namaka Usua

….………………………….
Justice Benjamin Kuao