Aute v Siginihe [2011] PGDC 22; DC1074 (25 March 2011)

DC1074

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN IT'S LOCAL LAND COURT JURISDICTION]

LLC No. 020 of 2010

BETWEEN

IPO AUTE
Complainant

AND

NAMAROWE SIGINIHE
Defendant

Goroka: M. Ipang Chairperson
Lore Klepetamero
Tovepa Atao

2010: June 24
July 13
2011: March 25

CIVIL –

Cases Cited

References

Counsel

Name Of Lawyer, Ipo Aute, In Person
Name Of Lawyer, Namarowe Siginihe, In Person

25 March, 2011

REASONS FOR DECISION.

M. Ipang Magistrate: This land dispute was referred to Local Land Court after mediations held failed as both parties did not compromise. Both landmediators Tovepa Atao and Lore Klepetamero who mediated the dispute at mediation level are members of the Local Land Court Panel.

2. The disputed land "Akesauka" is located at Kama village more specifically along Kama – Bihute Road. It is located in an ideal location and more suitable for business purposes or such related purposes. The land holds the size of little over size of a soccer field.

3. Ipo gave a run-down of his ancestral genealogy and migratory history. Commencing his history, he told the Court, his ancestors settled at Gasinose land where the current National Sorts Institute (NSI) is located. He said while some of his ancestors still settled at Gasinose, others left and acquired Akesauka land, the Agezagaha, Holimetoka and other more land.

4. He (Ipo) continued on and said his ancestors who settled on Akesauka land were Seho, Gumugie, Awuzo, Siopa, Zuwaiha, Uwie, Gahupaloe, Atoniza, Haimolo, Aila, Amelaho, Loguluma, Gupai, Sinopa, Peiha, Geniho, Gulae, Mosanie, Izamoko, Goulaloe, Awae, Mie, Getoligipe, Sogoltuwe, Gohikae, Amegesamo, Ute, Zouteha, Miko, Taute, Gisasae, Polohale, Suwile and many others.

5. Thereafter,, a further migration out of Akesauka land took place. Complainant Ipo said after others migrated out of Akesauka only his following ancestors still remain on the Akesauka Land, and they were Sogolotuwe, Ute, Gohikae, Amegesamo, Zouteha, Siopa and Zuaiha.

6. He (Ipo) said while his ancestors, were still living on Akesauka, their enemies killed them and they were buried on Akesauka Land. He said his ancestors graves are still there. His ancestors who died were Gohikae, Amegesamo, Zouteha, Siopa and Zawaiha. Those who remained on Akesauka were Sogolotuwe and Ute. Ute died living Sogolotuwe. Sogolotuwe has a son Aute and Aute has his son, the complainant Ipo.

7. Complainant Ipo said his ancestors made two (2) hauslain and lived at SEHOGAGANAGUZA closed to the main Kama Bihute Highway Road and AKESAUKA just below, close to a creek. He emphasized to this court that his ancestors were first to settled, built toilets, planted strong bamboo trees on all four (04) corners of the disputed land. He said he planted trees like Keseman, Fikus, Yar, Kapiak (Breadfruit), Cadamon, Marita and bananas. He also mentioned that he erected the fence around the disputed land.

8. Ipo also told this court that the Demarcation Committee under guidance of expatriate Kiap Mr. Oken and Mr. Girupano marked out Akesauka Land for him and that no one can dispute him. He said he married Defendant Namarowe's elder sister and looked after Namarowe like his son. He said he paid bride price for Namarowe's wife and adopted Namarowe's two sons.

9. Complainant claimed that the problem started when Namarowe married 2nd wife. Namarowe's 1st wife objected to the 2nd wife. He said Namarowe and his 2nd wife wanted to build a house and asked for land. He (Ipo) said he told them to build the house where he has built his house. Now, he said Namarowe is claiming the land.

Popo Aute

10. This is Complainant Ipo's sister, an elderly lady. She was brief. She gave account of when she was a young girl, she lived on the land, her parents lived on the land. She said she is married to Namarowe's hauslain.

Samatove Negisarohe (Complainant's witness)

11. Samatove gave his evidence. He said Akesauka Land belonged to Ipo. He said Ipo cleared the bushes so as his father, no one complained. Ipo cultivated the land, built houses and made gardens. Evidence given by Popo and Samatove are short and brief.

Defendant Namarowe Siginihe

12. Namarowe said previously Ipo and his people lived at Alimetoka. He said Ipo was married tohis sister and they paid for her bride price. He said his sister was a young girl who did not experience her menstrual cycle that time. Later he said Ipo moved up to where he currently live.

13. On the current land, he (Namarowe) said his ancestors like Maigolo, Ganino, Mohona, Gahumo and Otire have built their hauslain. Namarowe said Napahe has no land, so they (Namarowe's ancestors) gave him Land. He (Namarowe) said his mother made gardens there. He (Namarowe) said he cleared the land, and built house and lived there.

14. Namarowe said he got married to Moleke and left her with Ipo land his sister as Ipo is married to Namarowe's sister. However, he said Ipo then got married to Meleke and they lived till now. He said he wanted to build a permanent house but Ipo stopped him.

15. Gitene Mawimo who witnessed Namarowe said Complainant Ipo is his brother and Namarowe is his Uncle. He said Namarowe has possessed this land Akesauka for a long period of time. John Asehe – Pope spole in support of the defendant Namarowe.

Analysis

16. We find that initially the dispute was more a domestic problem. Ipo had married Namarowe's sister. So, when Namarowe got married to Meleke he brought Meleke to be under the care of Ipo and his sister. However, without respect for Namarowe and breached of trust, Ipo got married to Meleke. It was more frustrating for Namarowe as Ipo has not respected him and secondly, Ipo has cheated on his (Namarowe's) sister. This domestic problem has then sparked off the land dispute matter which this court is now tasked to resolve.

17. Ipo's main argument put forward is that he and his ancestors had lived on Akesauka Land from "time immemorial" and had cultivated the land, built houses from this land. On the converse or on counter-argument Namarowe argued that when his sister got married to Ipo, Namarowe's people gave this land to Ipo and his sister to make garden, build house and live off this land. Namarowe said now that Ipo has left his sister, the land Akesauka should revert back to Namarowe.

18. The logic behind Namarowe's argument is that if Ipo still married to Namarowe's sister, he (Ipo) can still occupy and use the land. However, now that he no longer is married to Namarowe's sister he should give-up possession of this land.

19. The Local Land Court comprised the Chairman who is the Local Land Court Magistrate and the two (2) Landmediators are Tovepa Atao and Lore Klepetamero. Both had observed and assessed Namarowe's argument put forward and are reluctant it whole heartedly. Both say, the argument put forward by Namarowe can't be possible as he is a leader of his own tribe and can't work on his wife's land. The land "Akesauka" can't be for Namarowe if framed upon this argument.

20. Both the two (2) landmediators unreservedly agreed that Akesauka land belonged to Ipo Aute. Based on majority decision and pursuant to Seciton 23 (3) of the Land Disputes Settlement Act, Chapter 45, we award the ownership of Akesauka Land (Kama) to Ipo Aute. We grant usufructuary (User) Rigths to Namarowe Siginihe pursuant to Section 39 of the Land Dispute Settlement Act.

Name Of Lawyer, Ipo Aute, In Person
Name Of Lawyer, Namarowe Siginihe, In Person