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Malas Family v Songoriki Family [1990] VUSC 5; Land Appeal Case L1 of 1985 (11 July 1990)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

LAND APPEAL CASE NO. L1 of 1985

BETWEEN:

MALAS FAMILY

AND:

SONGORIKI FAMILY

I have further considered this matter and from reading my judgement and the papers in this matter I am satisfied that the land granted to the Songoriki family ended at the land side of the road. From the plan attached to my judgment it is quite clear that this is so.

I do not agree with the contention of the Songoriki family that the land granted by me as customs owners crosses the road and continues to high water mark on the seashore. Therefore as the shore side of the land opposite the land granted to the Songoriki family is in dispute between the parties:

I HEREBY ORDER that both parties refrain from interfering with the sand on the sea side of the road until the customary ownership can be resolved by the Village Court, the Local Area Council of Chiefs, the Island Court and the Supreme Court if necessary.

If both parties agree to share any money obtained from the purchase of the sand on the sea shore opposite the afore said land the customary ownership of which the Court granted to the Songoriki family, then this Order shall not come into force but if any dispute should arise as to the division of money obtained from the sale of the sand, the order shall have full effect from the date of such dispute and remain in force until the custom ownership of the land on the seashore side has been decided.

Dated at Vila this 7th day of November 1990

Frederick G. Cooke
Chief Justice