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Chichirua v Chichirua [2025] VUIC 2; Declaration Case 493 of 2025 (23 April 2025)

IN THE EFATE ISLAND COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
Case No. 25/493 IC/DCLR

BETWEEN:
FRED CHICHIRUA
CLAIMANT

AND:

AND:

AND:
LATE ALLUAN JOHN LOUANBU CHICHIRUA
Represented by Andrew Chichirua
FIRST DEFENDANT

ESAU CHICHIRUA
SECOND DEFENDANT

LATE GEORGE KALTOI CHICHIRUA
Represented by Ben Kaltoi Chichirua
THIRD DEFENDANT
Date of Hearing:
Date of Judgement:
Venue:
Wednesday 23rd April, 2025 at 2:00 PM
Wednesday 23rd April, 2025 at 2:51 PM
Efate Island Court – Court-Room, Joint-Court, Port-Vila
Before:

Island Court Clerk:
In Attendance:
In Absence:

Copy:
Justice F. Thomas (Presiding Justice)
Justice L. Sakita (Member)
Justice T. Shem Arlie (Member)
Alida Alain
Claimant – Fred Chichirua appeared in person
All the Defendants

Court File

COURT JUDGMENT


Summary of Claim – Bloodline Declaration

Fred Chichirua is applying to the Island Court for a bloodline declaration to be legally recognized as the first and only biological son of the late George Kano Chichirua of Ifira Island.

He bases his application on the following grounds:

  1. His parents, the late George Kano Chichirua and the late Josephine Kaswely, were legally married on 20 May 1965 in Tanna Island.
  2. He was born during their marriage, making him the legitimate child of George Kano Chichirua.
  3. Despite this, the Chichirua family has never acknowledged or accepted him as part of the family since his parents separated many years ago.
  4. The late George Kano personally recognized him as his son throughout his life until he passed away in 2000.

Fred Chichirua seeks a formal declaration from the court to confirm his status and identity within the Chichirua family lineage of Ifira Island, and for any other orders the court sees fit to help restore his rightful place in the family.


Findings of the Court


  1. The Court confirms that all Defendants were properly served in accordance with procedural rules.
  2. None of the Defendants appeared before the Court on the date of hearing, despite having been served with the summons and provided reasonable notice.
  3. The Claimant, Fred Chichirua, appeared in person and presented his claim, along with sufficient evidence in support of his application for a bloodline declaration.
  4. The Court is satisfied that:
    1. All procedural requirements were met,
    2. No reasonable excuse was provided for the Defendants’ absence
    1. The Claimant’s application is well presented and supported with sufficient evidences.

In accordance with Rule 4(2)(d) of the Island Court Civil Procedure Rules, which allows the Court to proceed in the absence of a party properly served, the Court resolved to hear and determine the matter in the Defendants’ absence.


Orders of the Court


  1. The Court grants the Claimant’s application for Bloodline Declaration.
  2. The Court declares that Mr. Fred Chichirua is the first and only biological son of the late George Kano Chichirua of Ifira Island – Efate.
  3. That this declaration shall be deemed final unless set aside by higher court.
  4. That a copy of this judgment must be served to the Dedendants as soon as practicable.
  5. Any party dissatisfied with this judgment has the right to appeal within thirty (30) days from the date of this decision.

DATED at Port Vila this 23rd April, 2025


BY THE COURT


Justice T. Shem Arlie
(Member)
Justice F. Thomas
(Presiding Justice)
Justice L. Sakita
(Member)

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