KALOTITI V KALTAPANG [2007] VUCA 25 AND RATUA DEVELOPMENT LTD V MATHEW NDAI AND OTHERS [2007] VUCA 23: TWO DISTURBING CUSTOMARY LAND CASES

1 Jan 2008

Two recent decisions of the Court of Appeal of Vanuatu demonstrate some serious problems that are becoming increasingly common in Vanuatu nowadays, as persons who are not the true custom owners enter into a lease of land with an innocent third party and then that lease is registered under the Land Leases Act [Cap 163]. The decisions in these two cases indicate that there are deficiencies in the legislation so far as protecting the rights of the true custom owners.

By Professor Don Patterson

 

 

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