Powihau v Lahen [2007] PGDC 54; DC574 (23 May 2007)

DC574

PAPUA NEW GUINEA
[IN THE LOCAL LAND COURT OF JUSTICE]

LLC 07 OF 2007

BETWEEN

FRANCIS POWIHAU
First Applicant

CHOPAT CLAN
Second Applicant

AND

MASAI LAHEN
First Respondent

PANDRO CLAN
Second Respondent

Lorengau: G. Madu
2007: 23 May 2007

G. Madu : This is an application sought by the applicant to restrain the respondents from disturbing Francis Powihau’s family and Chopat Clan from harvesting the sago from Lombrokuku-u Land.

The facts are as follows:-

The disputing parties are Masai Lahen and family who are from Pandro Clan whilst Francis Powihau and family are from Chopat Clan.

The meditation was conducted on the 24 February 2005 and was not successful.

The dispute was then referred to Local Land Court on the 10 June 2005 for hearing. The Local Land Court has not re-convened. Although verbal order was being given by Customary Lands Settlement Officer, there is still arguments between the parties over the cutting of sago on the disputed land namely Lombrokuku-u.

The applicant reasons for filing this application is for the Court to restrain the respondents from disturbing them from harvesting sago because that is their only means of survival.

The respondent argued that the applicants have their own land and came to live with them.
The Court is of the view that there is a dispute over the Lombrokuku-u Land and that the dispute is awaiting the Local Land Court hearing. The applicants contends that they have no other land to rely on for survival.

For this reasons application to restrain the respondents from interfering from harvesting of sago is granted.

The following are the orders:-

1. The applicants are allowed to harvest sago only from Lombrokuku-u Land.

2. That applicants are restrained from making any new developments on the land.

3. The respondents are restrained from interfering with the applicants in harvesting of sago for their consumption.

4. This order remains in force until the Local Land Court convenes hearing.

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Applicants: In Person
Respondents: In Person