Kalsakau v Director of Lands

Court of Appeal

Case type

Civil Appeal

Case number

2396 and 1749 of 2019

Hearing date

11 May 2020

Decision date

11 May 2020

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Judge(s):

Justice John William von Doussa; Justice Gustaaf Andrée Wiltens; Justice Viran Molisa Trief

Appellant(s):

[Civil Appeal Case 2396 of 2019] Mcglory Kalsakau Representing Family Kalsakau - First Appellants; Russel Bakokoto Representing Naflak Teufi - Second Appellants; Vavautalo Sope Representing Family Sope of Imere - Third Appellants; Sauwi Kalpukai Representing Family Nunu Naperik Mala - Fourth Appellants;

[Civil Appeal Case 1749 of 2019] Family Chichirua - Appellant

Respondent(s):

[Civil Appeal Case 2396 of 2019] Director of Lands - First Respondent; National Coordinator of The Custom Land Management Office - Second Respondent; Andrew Chichirua Representing Family George Kano - Third Respondent

[Civil Appeal Case 1749 of 2019] Humprey Tamata, National Coordinator Of The Custom Land Management Office - First Respondent; Family George Kano Represented By Andrew Chichirua - Second Respondent; Family Kalsakau and others - Third Respondents

Counsel:

Mr Sakiusa Kalsakau for the First, Third and Fourth Appellants; Mr Sammy Aron for the First and Second Respondents; Mr Jack Kilu for the Third Respondent

MINUTE

By application filed on 7 February 2020 the appellants in Civil Case No 2396 of 2019 applied to this court for clarification/review of the final judgment of the court in these appeals delivered on 15 November 2019. When the matter was called on Mr S Kalsakau for the appellants informed the court that upon reflection his clients considered that the matters which they had proposed to canvas before the court concerned a land transaction which occurred in about 1999, well before the legislation considered by the court in these appeals. The applicants therefore sought leave to withdraw their application.

The respondents raised no objection to the withdrawal of the application, and made a no application for costs.

The court granted leave to the appellants to withdraw their application.

DATED at Port Vila, this 11th day of May 2020

BY THE COURT

The Hon John von Doussa
Judge