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Darcy v Ghomo [2005] SBCLAC 10; Western Customary Land Appeal Case 4 of 2004 (8 July 2005)

IN THE WESTERN CUSTOMARY LAND APPEAL COURT
LAND APPELLANT JURISDICTION

CLAC no. 4/04

In the Matter of: KIAWI/VIURU LAND TIMBER RIGHTS

BETWEEN:

GORDON DARCY AND OTHRS
Appellant

AND:

LIKITI GHOMO
HETLEYGHOMO
DEDDY TEE
CHERRY PANDA
COLLIN PIOKERA
Respondents

CONSENT JUDGMENT

This Application is before the court seeking a court order or to enter a Consent moment in the matter of Kiawi/Viuru Land timber right. Parties have sorted out their differences and entered into an Agreement or contained in the Deed of Settlement made on the 28th June 2004.

Upon the application and reading the affidavit of Appellant Gordon Darcy Lilo filed 28th June 2005 and information on oath by the Respondents Likiti Ghomo, Hetley Ghomo, Deddy Tee, Cherry Panda and Collin Piokera and reading the Deed of Settlement filed to the Court by the Parties, the court is satisfy with settlement and grant the orders sought:

Orders:

1. The timber rights over the 1½ square mile land area from the (Western coastal of Kolombangara Island) known as Kiwai/Viuru Customary Land shall be granted by following persons:-

• 1. Likiti Ghomo of Ghomo Clan;
• 2. Collin Piokera of Ghomo Clan;
• 3. Neson Rerese of Ghomo Clan;
• 4. Denny Tee of Ghomo Clan;
• 5. Hetley Gideon Ghomo of Ghomo Clan;
• 6. Gordon Darcy Lilo of Viuru Tribe;
• 7 .Nao Rovu of Viuru Tribe;
• 8. David Bulehite of Viuru Tribe; and
• 9. Deddy Lakevu of Viuru Tribe

2. The timber rights over the Viuru Customary Land beyond the 1½ mile and further inland shall be vested under the Viuru Tribe and shall be represented by Gordon Darcy Lilo, David Bulehite, Nao Rovu, Terry Matekolo, Hetley Gideon Ghomo and Cherry Panda and the timber rights license shall be acquired by Viuru Forest Enterprises.
3. It is further agreed that the beneficiaries shall be the members of Viuru tribe on Kolombangara Island
4. The company shall acquire timber rights license over the said 1½ square mile land area from the (Western coastal of Kolombangara Island) known as Kiwai/Viuru Customary Land shall be Kiwai/Viuru Forest Enterprises and the beneficiaries shall be the Ghomo Clan and its members. It is further agreed that the Ghomo Clan shall share the financial benefits from the timber harvesting operation on the said land with Nao Rovu, Deddy Lakevu and such members of Viuru Tribe as considered appropriate and agreed to by the Ghomo Clan and Viuru Tribe.
5. No further orders

Dated this 8th day of July 2005