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Nagia v Naukae [2004] VUSC 24; Land Appeal Case 007 of 1994 (1 October 2004)

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

LAND APPEAL CASE No. 07 of 1994

BETWEEN:

BARRY NAGIA,
C/-Anelgauhat Village, Aneityum, Vanuatu
Appellant

AND:

SILA NAUKAE
of Aneityum, Vanuatu
First Respondent

AND:

FRANCOIS WANEYEG
of Aneityum, Vanuatu
Second Respondent

AND:

ROBERT NARANEHEG
of Aneityum, Vanuatu
Third Respondent

Mr. Silas Hakwa on behalf of the Appellant and the Appellant in person
The Respondents are present

ORDER

UPON hearing Mr. Silas Hakwa for the Appellant and the Respondents, the Court is satisfied of the following:-

1. The Appellant and the Respondents in Land Appeal Case No. 07 of 1994 wish and intend to have the custom land dispute transferred to the Customary Lands Tribunal.
   
2. The Appellant and the Respondents after thorough discussions and exchanges between themselves and the Court, understand fully the implications and consequences of their decision, to transfer the custom land dispute from the Court to the Customary Lands Tribunal.
   
3. The Appellant, Barry NAGIA, C/- Anelgauhat Village, Aneitum, Vanuatu and the First Respondent Silas NAUKAE of the Island of Aneityum, Vanuatu and the Second Respondent, Francois WANEYEG of the Island of Aneityum, Vanuatu and the Third Respondent, Robert NARANEHEG of the Island of Aneityum, Vanuatu
   

CONSENT FOR THE ‘MISTERY LAND’ DISPUTE TO BE WITHDRAWN FROM THE COURT AND TO BE TRANSFERRED TO THE CUSTOM LANDS TRIBUNAL.

4. THE SUPREME COURT CONSENTS FOR THE ‘MISTERY LAND’ DISPUTE TO BE WITHDRAWN FROM THE COURT AND TO BE TRANSFERRED TO THE CUSTOMARY LANDS TRIBUNAL.
   

The Supreme Court makes the following ORDERS:

1. The Judgment of the Island Court in the Land Dispute Case No. of ______ of 1994 about the customary ownership over the land called “MYSTERY ISLAND”, on the Island of Aneityum, dated 7^th October 1994 is hereby set aside.
   
2. The customary land dispute over “MYSTERY ISLAND”, on the Island of Aneityum is hereby transferred to the Customary Lands Tribunal.
   
3. There are no fees claimed for refund and so there is no Order made to this effect.
   

DATED at Port-Vila this 1^st Day of October 2004

BY THE COURT
Vincent LUNABEK
Chief Justice