Court rules on land dispute case

National

By TREVOR WAHUNE
The Waigani National Court had made a ruling on a 22-years-old land dispute case when it ruled that Sispia 4 village, Lapilape clan and Fasu tribe are principal landowners of petroleum development license 2 (PDL2) area in Mt Balame, Southern Highlands.
PDL2, Moran, is a disputed land among oil rigs 2, 4, 5, and 7.
The defendants are from the Yumbi clan from neighbouring Huli tribe, principal landowners of PDL5, Kutubu, Southern Highlands.
Justice Royale Thompson made the decision after she found a provincial land court magistrate’s ruling in 2006 that declared the defendants being owners of PDL2 was an error.
It found that Tony Kila, David Yawe and other plaintiffs were rightful landowners.
Kila, chairman of Nano Welso incorporated land group and a principle landowner of PDL2, told media outside court that it was a huge relief to hear the court rule in favour of them after 13 years.
“However, the mediations and disputes had begun since 1997, which is well over 22 years,” he said.
“I also thank the court for its rational decision making that has given us a sigh of relief.”
Lawyer Avia Koisen said it was a relief justice had been served.
“My client’s grievances has been heard and we are thankful that the rules of judiciary in this country continue to rule,” she said.
The court found that the magistrate’s decision had the effect of unlawful encroachment of the Huli tribes into land situated in PDL2 Moran.
The land belongs to the Fasu tribe and Lapilape clan, who were the plaintiffs in the matter.
Justice Thompson upheld that the magistrate’s decision, by awarding landmass belonging to the plaintiffs to the second defendant, breached the principles of natural justice.
She said the plaintiff was never a party to the proceedings as it was never afforded the constitutional right to be heard, to file evidence and give written and oral submissions to then proceedings.