Land dispute case puzzling

Letters

I was surprised that the district court magistrate in Mt Hagen (The National March 6) suggested that under the land disputes settlement legislation there was no time frame provided for appeals and that they could be lodged at any time.
The learned magistrate was presiding over an appeal filed some six years after the decision was made by the lower land court.
It is mentioned that the appellant still had the right to lodge the appeal because there was no time frame.
I am no legal eagle, but from my experiences and knowledge of the land disputes settlement processes, I can advise the good learned magistrate that there is in fact a time frame for appeals provided for under the Land Disputes Settlement Act.
Upon unsuccessful mediation of the land dispute by land mediators, the local land court hears the dispute and accordingly based on the facts before it, makes its decision, which often is a “win-loss” situation.
The losing party has the liberty to apply to the provincial land court, which has the appellate jurisdictions to hear any
appeals over the local land court decision.
The appeal process is limited by statute, that is to say, any appeals will have to be made within three months of the local land court decision.
If, however, the appellant has missed out on the three-month period, he or she can apply to the provincial land court for an extension within 12 months of the local land court decision, and it is entirely up to the provincial land court, whether to accept this appeal out of time or not.
The provincial land court decision is final and is not subject to any further appeal.
Sometimes when the losing party is not satisfied with the decision of the provincial land court, it will ask the National Court for judicial review.
The judicial review will only review the lower court’s decision and would normally refer the matter back to the lower court for rehearing.
Therefore to suggest that there is no time frame provided for appeal by the losing party or parties to land disputes, is wrong in law, and the likely decision that I would have taken is to simply throw out that case as statute barred, or am I wrong in law?

Lorenitz Gaius
Ketskets village