Concern over litigations over resource projects

By KARO JESSE
A JUDGE of the National Court has expressed concern over litigations becoming rampant and contagious in proceedings arising from major resource projects that are beneficial to the country and the people.
Justice Nicholas Miviri raised the concern yesterday when he dismissed two notices of motions filed by landowners of the Kutubu petroleum project in Southern Highlands for being without merit.
The landowners Joshua Turaha and Busunnae Posou, of Isaweri Bupuku Gohu sub clan of Isaweri, and Paula Sapake and Jason Tirime, of Toale Hongiri sub clan of Imawe Bogasi stock clan, who all filed two separate motions that sought to consolidate hearing after trial on two separate proceedings they filed.
This was because they claimed that the facts, circumstances and the issues arising were the same in each case, thus the defendants were the same in the case.
In both actions for review, it was contended that the then Minister for Petroleum breached section 169 (2) of the Oil and Gas Act in determining under section 169 & 170 of that Act as to the beneficiaries of royalties and equity grants under section 167 and 168 of that Act.
The landowners contend that the minister in his ministerial determination might have committed an error of law by not giving an opportunity to landowners of pipeline 4 segment 6 to agree to the proportion of benefits and not taking into account their benefit-sharing formula.
Justice Miviri found that the minister’s ministerial determination was in accordance with the Oil and Gas Act.
“There are three times in annexure ‘A’ in each of the three pub citations, which is very clear compliance of section 169 and 170 by the minister,” he said.
“It means there is no procedural error or ultra vires as contended by each of the plaintiffs (landowners) in each case on the part of the minister.
“His determination is complying and have the force of law within.
“This is conclusive evidence that tilts the balance against the contention of the plaintiff.
“Their assertions are without merit and in all probability fails.
“Litigations without course set for the litigants, misery in their lives, gain for the lawyers and firms must be stopped if real development in major projects of oil, gas and petroleum are to materially touch the lives of all our people of our blessed nation.
“Money has demarcated boundaries between grandfather and father, grandmother and mother, brother and sister, clansmen and tribesmen.
“Hurt has distilled its wed so much that neighbour is not seeing eye to eye with those who are over the next plain, valley, mountain, riverside or swamp.
“The time has come to rethink our course on matters of this nature.”