Judge refuses to grant leave for review in land row

A JUDGE has dismissed a leave application in the Waigani National Court which sought a review of a decision made by Provincial Land Court Magistrate Pious Tapil, stating that the plaintiff’s assertion that he is the owner of the land “is by his own mouth and not by a process of law”.
Justice Nicholas Miviri, last Friday, refused to grant leave (permission) for review to plaintiff Kisi Bakodong, who acted for himself, and the Billi clan of Morobe, who were disputing ownership of a land which Digicel PNG Ltd had put up its tower and had entered into an agreement with first defendant Tim Simbangan for royalty payments.
Bakodong was working for Fletcher Morobe in 2014 when he was informed that a portion of his land (Umseseu) was used by Digicel Ltd to erect a tower.
The tower provided telecommunication network coverage for the whole of Morobe and Mamose.
From 2014-2015, he enquired at the Digicel office in Port Moresby and Lae on royalty payments and/or benefits for the use of the land.
He was informed that payments were made to Simbangan who signed a contract with Digicel Ltd claiming that he was the landowner.
On Sept 25, 2016, a land mediation was held at Hendeneng village before all village elders.
An application to endorse the mediation was made in the district court which favoured Bakodong on May 10, 2019.
It was served on Digicel but no payment was forthcoming because an appeal was lodged in the Lae Provincial Land Court.
On Aug 7, 2019, Magistrate Tapil upheld Simbangan’s appeal and quashed the court order of May 10, 2019.
In ruling, Justice Miviri said “the contractual agreement between Simbangan and Digicel PNG Ltd upon the subject land where the tower is located is a private matter between them in contract”.