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Ankey v Vint Nakamal [2024] VUIC 7; Customary Land Tribunal 2828 of 2017 (30 May 2024)

IN THE ISLAND COURT (LAND) OF THE REPUBLIC OF VANUATU – Lakatoro, Malekula
(Custom Land Jurisdiction)
Case No. 17/2828 IC/CUST
IN THE MATTER OF:
SECTION 45 OF THE CUSTOMARY LAND MANAGEMENT ACT NO. 33 OF 2013
AND IN THE MATTER OF:
VINT CUSTOMARY LAND, NORTH WEST MALEKULA
AND IN THE MATTER OF:
A DECISION OF VINT NAKAMAL, DATED 13TH OCTOBER, 2016
North West Malekula
BETWEEN:
Family Matty Ankey
Family Rapi
Family Wehal Patrick
Family Natsai
Family Albev
North West Malekula
Applicants
AND:
Vint Nakamal
North West Malekula
First Respondent
AND:
Chief Godwin Tuptigh
Family Nisaisa
North West Malekula
Second Respondent
Coram:
Senior Magistrate B. Kanas Joshua, Chairlady
Justice Douglas Fatdal
Justice Patisson Peter
Justice Joses Lingi
Justice Presila Susurup

Counsels:
Mr. Philip Fiuka, for the Applicants
Mr. Sammy Aron, for the 1st Respondent
Mr. Daniel Yawha, for the 2nd Respondent

MINUTE & ORDER

Minute

  1. Conference was held in the Lakatoro Court, with legal representatives present in Court Room 3 at Dumbea Hall in Vila, via video conference between Malekula and Vila.
  2. Mr. Yawha informed the Court that after their application of strike out was denied in the last ICL session in September 2023, the matter is ready for hearing of the Application of Review. He and Mr. Fiuka have conceded that it is appropriate for them to be with their clients on Malekula for the hearing of the Application of Review. As this is not possible in this session they sought an adjournment for the hearing to be done in the next session of ICL on Malekula.
  3. Mr. Aron informed the Court that he has filed a response but has yet to file a sworn statement in support of the response. He requested 28 days to file the sworn statement.

Direction Order


THE COURT makes the following directions,

  1. That the first respondent is given 28 days to file and serve a sworn statement in support of the response they filed.
  2. That the other parties have the liberty to file any other documents and must have it served on the other parties.
  1. That the matter is adjourned to the next session of ICL on Malekula, for the hearing of the Application for Review. Parties will be advised of the date.

Dated in Lakatoro, on this 30th day of May, 2024


BY THE COURT


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



..................................
Justice Douglas Fatdal
..................................
Justice Patisson Peter

............................
Justice Joses Lingi
...................................
Justice Presila Susurup

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