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Willy v Ashton [1917] VUNHJC 12; Civil 358 (18 December 1917)

JOINT COURT

CASE No 358

CIVIL JURISDICTION

BETWEEN

WILLY and other natives of LELEPPA
PLAINTIFFS

Percival James ASHTON
DEFENDANT

This eighteenth of December one thousand nine hundred and seventeen upon reading the summons, in which plaintiffs application is set out as follows:

The Plaintiffs claim is:

" To show cause why an order should not be issued by this Honourable Court restraining the said Captain ASHTON until the question of the ownership of the land hereafter mentioned shall have been decided by this Honourable Court in due course, from entering upon and disturbing the plaintiffs in their occupation and possession of certain land at HAVANNAH Harbour known as BALAU, which land has been continuously occupied and possessed by the said plaintiffs and their tribes as occupiers thereof for more than thirty years and upon which land the said Captain ASHTON claiming to be entitled to dispossess the plaintiffs by, virtue of a title which the plaintiffs dispute, has now entered and commenced to clear the same against the will of the plaintiffs whereby the plaintiffs are greatly damnified."

And after hearing M. SEAGOE, Native Advocate for the plaintiffs and the defendant in person:

Whereas the Court, by majority, has decided for reasons set forth in separate judgments that the order asked for cannot be issued.

Thereupon the summons is dismissed. No order is made

FRENCH JUDGE
ACTING PRESIDENT
BRITISH JUDGE
ACTING REGISTRAR