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Lakelopoi v Lulu [2004] VUSC 90; Civil Case 040 of 2004 (22 March 2004)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

CIVIL CASE No. 40 of 2004

BETWEEN:

LAKELOPOI FAMILY
Claimant/Applicant

AND:

MANAREWO KALTOLU LULU
PIERRE NIKAPA
LAKELO TAVA MANAWORA
MASAII FAMILY
FAMILY MARIKI LANGA
NIVATE LAVAP
Defendants

Coram: Chief Justice Vincent Lunabek

Counsels: Mr. Daniel Willie for the applicants
All parties on their own representatives

JUDGMENT

This is an application seeking leave of the Court to appeal against an interlocutory decision of the Efate Island Court at Port-Vila, refusing to add the claimant/applicant as a party to the Land Case No. 10 of 1993.

On 4 February 2004, the Land Case No. 10 of 1993 was listed for conference and management hearing. Five parties are claiming the customary ownership of the said land. All parties filed their claim and paid the corresponding fees.

On 4 February 2004, the applicant/claimant applied before the Presiding Magistrate, Mrs. Nesbeth Wilson to be joined as a party to the dispute. The Magistrate refused the application on the basis that the period of 30 days which is required for the filing of land claims has been expired and the claim is ready to be heard and the applicant did not come within a reasonable time.

On 10 February 2004, the Efate Island Court started to hear the land dispute.

On 17 February 2004, four parties have completed their evidence. The 5th and last party to the claim is yet to be heard. The Court is presided over by the learned Magistrate Jerry Boe.

The applicant by letter dated 17 February 2004 applied to the Presiding Magistrate Jerry Boe to be added as a party to the case. The learned Magistrate, then, refused the application. That order has not been appealed against nor any leave to appeal against such an order is sought. By then, all parties finalized their evidence and submissions and a date for the delivery of the judgment is set on 31 March 2004.

On 3 March 2004, applicant’s counsel filed this application seeking for leave of the Court to appeal against the decision of the learned Magistrate Nesbeth Wilson issued on 4 February 2004 refusing the applicant to be a party and a stay application.

The application was listed and heard as a matter of urgency on 23 March 2004 at 2.00PM o’clock.

During the hearing of this application, upon enquiring from the Court, the Court is informed that the applicant had not lodged any land claim and no fees paid.

This application was filed before this Court at a difficult stage. It should be brought before this Court just before the learned Presiding Magistrate Nesbeth Wilson issued her decision on 4 February 2004 to explore options available under the rules to have the application dealt with as a matter of urgency.

The application seeking leave to appeal the decision of the Presiding Magistrate Nesbeth of 4 February 2004 refusing to add the applicant as a party to the land claim No.10 of 1993 is refused. There is no Order as to costs.

ORDER

1. Application for leave to appeal against the decision of the Presiding Magistrate of 4 February 2004 refusing Lakelopoi Family to be a party to the proceedings is refused.

2. There is no Order as to costs.

DATED at Port-Vila this 22nd day of March 2004

BY THE COURT

Vincent LUNABEK
Chief Justice