Home | Databases | WorldLII | Search | Feedback Joint Court of the New Hebrides

  Download original PDF

Mele Village Community v Societe des Iles du Pacifique [1973] VUNHJC 9; Civil (A) 19 of 1973 (15 May 1973)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. (A) 19/73
of 15th May 1973

BEFORE:
Dermot Renn Davis, British Judge
Louis Cazendres, French Judge
assisted by Edmond Buteri, Registrar

The fifteenth day of May, one thousand nine hundred and seventy three.

JUDGMENT

Considering the joint request of the 11th December 1972 made by the Mele Village Community, Efate Island and the "SOCIETE DES ILES DU PACIFIQUE" (S.I.P.), a joint stock company having its registered office at Vila;

Whereas according to this request, the parties have agreed to proceed between themselves with an exchange of parcels of land; that Mele Village agrees to transfer to the S.I.P. two parcels of land containing respectively 0ha.08a.28ca. and 0ha.09a.34ca.13dm2. being part of the property "RESERVE ILOT MELE", registered at the New Hebrides Registry of Land Titles under No. 164, in favour of the natives of Mele Island, by virtue of a Joint Court Judgment of the 24th January 1933 which constituted it an inalienable reserve; that the SOCIETE DES ILES DU PACIFIQUE, for its part, agrees to transfer to the inhabitants of Mele Village a parcel of land containing approximately 0ha.70a.73ca.69dm2. being part of the property "FRAMNAIS" registered at the New Hebrides Registry of Land Titles under No. 122; that for this purpose a deed of exchange was drawn up between them on the 27th November, 1972, subject to the approval of the Joint Court;

Considering Article 27 paragraph 2 (H) of the Protocol of the 6th August 1914;

After having heard the explanations of the Native Advocate and the Representative of the SOCIETE DES ILES DU PACIFIQUE;

Whereas the exchange of land foreseen by the parties appears to be advantageous to the Mele Village Community;

ON THESE GROUNDS

Admits the request;

Authorises the transfer, to the SOCIETE DES ILES DU PACIFIQUE, of the parcels of land containing 0ha.08a.28ca. and 0ha. 09a. 34ca.13dm2., part of the Native Reserve ILOT MELE, registered under No. 164, as described and delimited on the plan annexed to the present judgment, in exchange for a parcel of land described and delimited on the same plan and containing 0ha. 70a. 73ca. 69dm2., being part of the property "FRAMNAIS", registerd under No. 122 and belonging to the S.I.P.

Orders that the two parcels of land transferred to the S.I.P. cease to be subject to the system of rules governing native reserves; that, on the other hand, the parcel transferred in exchange shall be annexed to the "RESERVE ILOT MELE" and shall henceforth be subject to the system of rules governing native reserves.

Modifies in consequence the extent of the said Native Reserve likewise that of the S.I.P. property "FRAMNAIS".

Costs to be borne by the S.I.P.

Given the day and year hereinbefore written.

L. CAZENDRES
French Judge

D.R. DAVIS
British Judge

E. BUTERI
Registrar