National Court backs original decision over land dispute

 By ADRIAN MATHIAS

THE National Court has reaffirmed the decision of the Kikori local land court that the ownership of a piece of land was to be shared between the four clans who were parties to the dispute.

The dispute between four clans in relation to ownership of the land known as Burari or Scrapper Station, situated 35km west of Kikori town in Gulf, was heard in the Kikori Local Land Court in 2010. 

The court was chaired by magistrate Jeff Katenge and included land mediators David Kouwo, Epi Kaipu, Saila Amuke and Ivoi Nama.

They ruled on Nov 15, 2010, that the four clans were all owners of the land and should share the land.

The four clans are Ouramoro, Evamoro, Dokovi and Rokovi. 

The Dokovi and Rokovi were not happy with the local land court’s ruling and asked the provincial land court to review that decision.

The provincial land court on June 25, 2012, quashed the decision by the local land court and awarded the land to the Dokovi and Rokovi clans.

The Ouramoro and Evamoro clans then took the matter up to the National Court.

Justice David Cannings ruled that the provincial land court appeal was filed contrary to the time limits set by section 54 (appeal against decision of Local Land Court) of the Land Disputes Settlement Act, which provided that an appeal must be filed within three months unless an extension of time was granted within 12 months.

Cannings found that the provincial land court had no jurisdiction to hear the appeal.

He quashed the provincial land court’s decision and ordered that the decision by the local land court be upheld.