Court recognises landowner group

A NATIONAL Court decision in Madang last month nullified a decision by the Madang local Lands Court (MLLC) that granted ownership of land under special mining lease 8 (SML 8) at Ramu Nickel-Cobalt mine to an incorporated land group.
The MLLC in its decision on March 16, 2022 identified Nogoi Yowo Omowo Tinarua incorporated Land Group of Guiebi village, ward 11, Bundi local level government in Bundi, Madang, as the legitimate landowners.
However, the Dec 12, 2023 decision by judge David Cannings nullified the March 16, 2022 decision because MLLC had no jurisdiction to hear and determine a challenge over the decision of the Special Land Title Commission (SLTC) of Aug 14, 2013.
Cannings outlined in his decision that the decision of SLTC was established under the Land Titles Commission Act regarding disputed ownership of customary land and it may only be quashed or varied by order of the National Court.
The plaintiff in this matter, Duakai Owoza Clan, of Bogae village, also in Bundi, in its originating summons No. 150 of 2022 named John Black of Nogoi Yowo Omowo land group; Tinarua Clan, as the first defendant, George Epor as the second defendant and the Independent State of Papua New Guinea as the third defendant.
Duakai Owoza clan applied to the National Court for judicial review of the MLLC that quashed a decision of a SLTC that recognised the first defendant as owner of the disputed land (SML 8).
Cannings, when quashing the MLLC decision, ordered that:

• THE decision of the second defendant of March 16, 2022 at Madang in Local Lands Court proceedings styled as LLC 8 of 2021 is quashed forthwith;
• THE first defendant is restrained forthwith from filing in the Local Land Court or the District Court or any inferior court or tribunal of any proceedings regarding the subject matter of LLC 8 of 2021 without the leave of the National Court.