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Family Kaukare v Family Nohot [1996] VUMC 9; Civil Case 27 of 1996 (3 July 1996)

IN THE MAGISTRATE'S COURT FOR TAFEA PROVINCE
OF THE REPUBLIC OF VANUATU
HELD AT LOUIEPENG,
WHITE SANDS TANNA

CIVIL CASE No. 27 OF 1996.

BETWEEN:

FAMILY KAUKARE
YARKEI VILLAGE
WHITE SANDS TANNA
(Plaintiff)

AND:

FAMILY NASSE NOHOT
IENIMAHA VILLAGE
WHITE SANDS TANNA
(Defendant)

ORDER
(Section 13)
Island Courts Act CAP 167

PREVENTIVE ORDERS

Upon verbally hearing Mr Nasse NOHOT (by birth) for the plaintiff and Mr Samuel Iopa NAMAKA and Mr Gedeon NAMBAS for the defendant, the Court is satisfied that the land claim No 6/93 at White Sands area being subject to the dispute between Family Kaukare and Family Nasse Nohot before the Island Court and upon consideration that peace and harmony should be maintained between the parties concerned therein until the matter is brought and dealt with by Nikoletan Council of Chiefs, thereafter for its full determination by the Island Courts this Court hereby makes the following preventive orders for the plaintiff:-

(a) That Mr Gedeon NAMBAS, his family or relatives or agents shall immediately cease from advancing their agricultural activities or clearing the bushes for such other purposes.

(b) That the defendant, his family or relatives or agents shall harvest their last root croppings and must cease from interfering with the said land in any manner such as taking coconut or green coconut and they shall not further deal in any manner with any animals on the aforementioned land.

(c) That the defendant, his family or relatives or agents and friends shall not incite or cause to incite or shall not behave riotously endangering peace and harmony existing between the parties concerned.

(d) That either parties has the liberty to apply for variation of the said order.

(e) Costs of this application be reserved.

Dated at Tanna, this 3rd day of July 1996.

BRUCE KALOTITI KALOTRIP
MAGISTRATE