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Natapei v Iauko - Order [2012] VUSC 267; Civil Case 64.2010 (9 October 2012)

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

CIVIL CASE No.64 OF 2010

BETWEEN:

NIPAKE EDWARD NATAPEI MP, President of the Vanuaaku Pati of Port Vila, Vanuatu
First Claimant

AND:

NIPAKE EDWARD NATAPEI, JOE NATUMAN, THOMAS ISOM, SELA MOLISA, PHILIP BOEDORO, BAKOA KALTONGGA, MAKI SIMELUM, ALBERT MILLER, JONATHAN NAUPA, AUGUSTINE GARAE, ALBEA NALISA, CHRISTINA WILSON, MARGARETT SOLOMON, JACK MANUEL, LAMI SOPE, KEN HOSEA, NIKEKIKE VUROBARAVU, ATIS KALO, AVIO ROBERTS, PETER SAKITA, JOHN TESEI, WILSON TERI, DICKSON KAHUA, LEINAFAU TASSO, ANDREW KAUSIAMA, JERRY ESROM, BOB LOUGHMAN, PHILIP CHARLEY
Second Claimants

AND:

HARRY IAUKO MP, C/- of Port Vila, Efate, Republic of Vanuatu
First Defendant

AND:

MANUA IAIOFA, DANIEL BULE, BATISTE FIRIAM, LOUIS CARLOT, JERRY KANAS, JOHN NOEL, JACKSON WHITE, ERIC MOSES, DICKSON ARAHAMBAT, ERICSON MANAR, VUTI TAKASI, LIVO LANGI, SAM VIJI, JEROM TARI, SEDACK SHEM, PAUL AVOCK HUNGAI, MARTIN IAPATU, ROEL MARAFI, JOHN SANGA, TOM NIAVIA, IAMEUH JIMMY, LEONARD SAM, TERI MAKI, TONI NARI, JACOB MATA, KARL DAVID, JOSEA IAPSE, ROGER ABIUT, WILLIE REUBEN ABEL, MERELYN ARHNAMBAT ABEL.
Second Defendants

Mr Edward Nalyal for the claimants
Mr Silas Hakwa for the Defendants

ORDERS

The Court makes the following ORDERS and DECLARATIONS:

1. It is declared that the Iauko Faction Meeting, as a Congress of the VP, was null and void.
   
2. It is declared that the purported election of the first defendant as VP president, at the Iauko action Meeting, was null and void.
   
3. It is declared that the purported election of the VP executive council at the Iauko Faction Meeting was null and void.
   
4. It is ordered that the first Defendant, Harry Iauko be restrained from holding himself out as President of the Vanuaaku Pati (VP), and from purporting to exercising any power of the VP President as provided in the VP Constitution.
   
5. It is ordered that the Second defendant Willie Reuben Abel MP be restrained from holding himself out as the Vice President of the VP as provided in the VP Constitution.
   
6. It is ordered that all the other defendants and persons purportedly elected to the VP executive council be restrained from holding themselves out as the executive council of the VP, and from excising any powers of the Executive Council of the VP as provided in the VP Constitution.
   
7. It is ordered that the First and Second defendants are restrained from using the name Vanuaaku Pati or VP in any way whatsoever.
   
8. Damages against all the Defendants are refused as abandoned by the claimants.
   
9. The claimants are entitled to costs against the Defendants. Such costs shall be agreed or determined.
   

Dated at Port-Vila this 09th day of October 2012

BY THE COURT

Vincent LUNABEK
Chief Justice