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In re land known as Imeaorone, Kauten v Sip [2003] VUSC 79; Land Appeal Case 007 of 1988 (22 July 2003)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
Held at Isangel, Tanna
(Civil Jurisdiction)

LAND APPEAL CASE No. 07 OF 1988

IN THE MATTER OF: The Island Courts Act Chapter 167

AND

IN THE MATTER OF: IMEAORONE LAND DISPUTE, TANNA

BETWEEN:

BOB KAUTEN
Appellant

AND:

NOKLAM SIP
Respondent

ORDER

UPON hearing both parties and/or their representative on 22 July 2003 at about 3.30PM o’clock in the afternoon at Isangel, Tanna, the Court is informed of the following:

1. Imeaorone land is situated at Middle Bush, Tanna.

2. The Imeaorone land was disputed between two (2) parties Noklam Sip and Yaris Apayou before the Independence of Vanuatu in 1980.

3. The land dispute in re. Imeaorone between the two (2) parties referred to in 2 above was brought before New Hebrides Courts:

(a) Native Court sitting held on 16/1/1973 at Lamnatu, Middle Bush, Tanna.

(b) The judgment of Native Court was confirmed by the Joint Court on 28 May 1973.

4. There was no land dispute lodged in the Island Court of Tanna in accordance with the Island Courts Act [CAP. 167].

5. There is no land appeal case in re. Imeaorone land, Middle Bush, Tanna.

The Court then makes the following Orders:

1. Land Appeal Case file No. 42 of 1987 is now struck off of the land Dispute Registry Book kept by the Registrar of the Supreme Court.

2. There is no order as to costs.

DATED at Port-Vila 22nd day of July 2003

BY THE COURT

Vincent LUNABEK
Chief Justice