Kalsakau v The Director of Lands

Court of Appeal

Civil Appeal
2396 of 2019
17 Fév 2020
20 Fév 2020

Chief Justice Vincent Lunabek; Justice John William Hansen; Justice Richard Conway White; Justice Dudley Aru; Justice Gustaaf Andrée Wiltens; Justice Viran Molisa Trief
Mcglory Kalsakau & others
The Director of Lands - First Respondent; National Coordinator of Custom Land Management Office - Second Respondent; Andrew Chichirua Representing Family George Kano - Third Respondent
S. Kalsakau for the Appellants; S. Aron for the Respondents; No appearance for the Third Respondent

Minute of the Court

1. This is an application by the appellants seeking clarification/review of this Court’s judgment dated 15th November 2019.

2. The first and second respondents filed a brief submission stating they took a neutral position in relation to the application. There was no appearance for the third respondent.

3. This Court considered that it would receive assistance from a full submission from the first and second respondents. The position of the third respondent, who took an active part in the appeal, would also be valuable to the Court.

4. For that and other reasons we determined this matter should be stood over to the May session of this Court and if possible to be dealt with as a first fixture.

5. We order:

(i) The first and second respondents are to file a supplementary submissions within 4 weeks of the 17th February 2020.
(ii) The third respondent, if so advised, to file his submissions by the same date.
(iii) Any response from the appellants to be filed 2 weeks thereafter.

6. This minute is to be served on the solicitors for the appellant and the first and second respondents. It is also to be served personally on the third respondent as well as his solicitor

Dated at Port Vila this 20th day of February 2020

BY THE COURT

………………………………………….
Justice John W. Hansen