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Johnny v Savoire [2011] VUSC 331; Civil Case 02 of 2011 (11 August 2011)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Lakatoro Registry)

(Civil Jurisdiction)

Civil Case No. 02 of 2011

BETWEEN:

FAMILY SIL JOHNNY & OTHERS
Claimants

AND:

FAMILY ANDRE SAVOIRE AND OTHERS
Defendants

Hearing: 11 August 2011 at Lakatoro
Before: Justice R. L. B. SPEAR
Appearance: Mr T J Botleng for the Claimants

JUDGMENT OF THE COURT
11 AUGUST 2011

1. This was the hearing of an Urgent Application for restraining orders to issue against the above named defendants. It was filed today at 4 pm in Lakatoro, it is simply a matter of chance that the Supreme Court was sitting at Lakatoro this week.
   
2. The application is for a restraining order against the family of Andre Savoire of Rensaire Plantation in South East Malekula and one Serge Theuil of Robaco Plantation South East Malekula.
   
3. As it happens, I have some familiarity with the background to the dispute that has arisen because of another Malekula file that I have been dealing with. That other file relates to a claim by Serge Theuil's father against Sil Johnny and Adriano Mulonturala and others which is recent ably long standing. Judgment was obtained by Mr Theuil Senior last year requiring the Claimants and other families to quit his land which I recall was the Robaco plantation. The orders were not complied with and warrants for arrest were issued by way of enforcement action on the ground that there had been non compliance with the eviction orders and the refusal to attend enforcement conferences. The file had been waiting for Mr Theuil Senior's lawyer, Mr Stephen Tari Joel, to confirm to the Court who of the various enforcement debtors in that action were still trespassing on Robaco plantation and thus how the Court could assist with the enforcement of the judgment.
   
4. This application for a restraining Order has arisen because of what has alleged to have occurred yesterday following the death of Mr Theuil Senior. Mr Botleng informs me that there is a belief held by the defendants that Mr Theuil Senior's death is as a result of sorcery. The application has been prepared on an urgent basis and there has not been time for it to be supported by sworn statements. However, a large number of people belonging to the first and second claimant's families were present in Court and Mr Botleng offered them as available to give evidence. However, there simply was not time given that the urgent application was not reached until after 5 pm.
   
5. The allegations made against the defendants in the application for a restraining order a serious in the extreme. I am informed by Mr Botleng that they have left the Claimants fearful for their lives. Mr Botleng has confirmed to his instructions that the Claimants have quit the land and so there is no ongoing trespass issue just matters of historical concern.
   
6. I invited Sgt. Kilman and another police constable who were close by to attend and they have been assisted by Mr Blessing of the Public Prosecutor's Office to ensure that there was an easy language exchange. I am informed that one Andre Savoire and one Jean Claude Savoire of the family Andre Savoire are currently in custody as a result of the complaints made by the Claimants in respect of the matters specified in the application for the restraining order. However, it does not appear as if charges will be laid against them and it is likely that they will soon be released.
   
7. Mr Botleng has consulted his clients and indicates that they seek what reassurance a restraining order might provide against the following, Andre Savoire, Jean Claude Savoire, Serge Theuil and Paul Sheelan all of whom can be considered care of either Rensaire Plantation or Robaco Plantation in South East Malekula.
   
8. In all the circumstances, and appreciating the urgency and the deep feeling that is obviously present at the moment, I am prepared to make the orders sought on the basis that they will be reviewed at 12 midday tomorrow 12 August 2011. Those 4 individuals in respect of whom the orders are to be made a required to be present at Court.
   
9. This decision to issue restraining orders has had to be made without time for further enquiry or reflection but to address what appears to be a potentially explosive situation. What comfort might be gained from such restraining order remains moot. However, at least Andre Savoire and Jean Claude Savoire will be served with the restraining orders tonight if indeed they are released tonight then they may be able to convey the Court's concerns.
   

BY THE COURT