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Ifira Trustees Ltd v Attorney General [2005] VUSC 156; Constitutional Case 154 of 2005 (2 March 2005)

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

CIVIL CASE No.154 of 2005

BETWEEN:

IFIRA TRUSTEES LIMITED
Applicant

THE ATTORNEY GENERAL
First Respondent

AND:

DIRECTOR OF LANDS
Second Respondent

Civil Case No.116 of 2005

BETWEEN:

FAMILY KALSAKAU
Claimants

AND:

CHIEF MANTOI KALSAKAU III, KALPOVI MANGAWAI, BAKOA SOPE, PETER TULANGI, MANEAI, RICHARD SOPE, TARI MALAPA KALTERIKIA, MICHAEL MANGAWAI and IFIRA TRUSTEES LIMITED
C/- P.O.Box 259, Port-Vila, Efate in the Republic of Vanuatu
First Defendants

AND:

DIRECTOR OF LAND RECORDS
Second Defendants

AND:

MINISTER OF LANDS
Third Defendant

ORDER

UPON hearing counsel’s submissions, and considering the evidence before the Court, the Court makes the following ORDERS:

1. That the Decision of the Fourth Defendant and/or through it, to grant the Certificate of Negotiator to Ifira Trustees Limited ("ITL") of 28 June 2005 is called up and quashed.
   
2. That the Decision of the Third Defendant and/or through it, to grant the Lease Title 12/0911/333 to ITL on 29 June 2005 is called up and quashed.
   
3. That the Certificate of Registered Negotiator issued to ITL on 28 June 2005 be and is hereby set aside.
   
4. That the lease title 12/0911/333 granted to ITL on 29 June 2005 be and is hereby set aside.
   
5. That mandatory Order requiring the Third Defendant to approve forthwith the lease title 12/0911/333 in favour of the Claimant Family is refused as it is premature.
   
6. That the Declaration/Order sought by the Applicant in CC 154/05 requiring the Second Respondent, Director of Lands to register Lease Title 12/0911/333 in the name of the Applicant ITL is refused.
   
7. That the First, Third and Fourth Defendants in CC 116 of 2005 and Appellant in CC 154 of 2005 pay the costs of this action to the Claimants in CC 116 of 2005.
   
8. The full reasons of the Orders be provided in due course.
   

Dated at Port-Vila this 2nd day of March 2005

BY THE COURT

Vincent LUNABEK

Chief Justice