Oluafa v Heleke [2011] PGDC 25; DC1082 (25 March 2011)

1082

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

LLC No. .... of 20....

BETWEEN

AKUWAE OLUAFA
Complainant

AND

SOGASI HELEKE
Defendant

Goroka: M. Ipang

2010:
2011: March 25

Landmediators/ Assessors

Lore Klepetamero & Tovepa Atao

Spokespersons

Complainant, Akuwae Oluafa – In Person
Defendant, Sogasi Heleke – In Person

CIVIL:

INTERSTS

Cases Cited

Legislation

25 March, 2011

REASONS FOR DECISION

M. IPANG Magistrate: This case was referred to Local Land Court after mediations held failed to reach a compromise between the disputants.

2. The disputants were asked to arrange for their witnesses and bring them to court. The complainant gave evidence himself and called his other witness namely
Paulus Nare’hu.

3. Complainant Akuwae Oluafa gave the history of his ancestor Osano. He said Osano migrated from Arikayufa and settled at Kamaliki (Zuguzugu) and then to Faniufa. At Faniufa, Akuwae said Osano met Gapila and Gapila allowed him settle with him at Golanagamitoka ples. Akuwae also said Gapila told Osana not to go to Himopoka and Lupaga. He (Akuwae) said Osana stayed there and borne Heleke and he has sons Lelona Lele, Manua, Bob, Anupovo, Kem, Sogasina. He (Akuwae) said this family has no right to sell land at Lupaga.

4. Complainant’s witness Paulus Nare’he told this court that Akuwae’s ancestor lived on this land and grew up on this land and grew up on this land. He said a special plant “Mosong” was planted on this land. He said Gapilo was a leader, a Faniufa leader. He (Gapila) stayed with Gizatahazuha clan and they live on the border.

Defendant’s Case.

5. Bob Lele said his father did not dispute this land with Akuwae. He said his father

Disputed the and with Tio. He said both went through mediation and had reached an agreement. We were advised to make peace at home. So, we went homemade feast, peace and both sides shook hands.

6. Bob who said in1982 their elders at Faniufa appointed as Demarcation Committee allocated lands to clans in Faniufa. He said they all were allocated blocks of land. He said the Demarcation Committee allocated Lupage land to his father, so he said they stayed on this land till now.

7. Defendant’s Witness Martin Aole stated that he is from Faniufa and he is the chairman of Faniufa Landowners Association. She said initially the case was between Pepe Tio and Heleke Lele. He said the case went through mediation and the matter was referred to Local Land Court. The case was delayed for long time and both Pepe Tio and Heleke died.

8. On the disputed land, he said the elders-Demarcation Committee marked out this land and gave it to Lele. He said they all know about this.

Analysis of Evidence.

9.One of the most important factor that Complainant Akuwae Oluafa and his witness relied on to Claim ownership of Lupaga Land is to the plant “Mosong” which they claimed was planted on Lupaga Land. Both claimed this was the memory of Gapila.

10. Strings of questions regarding this plant was put to Complainants witness
Paulus Narehe by Sogasi. Q .This plant “Ipehu” (Mosong) was planted at Ufeka not Lupaga? A. Ufeka covers Lupage. Q. Lupaga is different from Ufeka? A. Ufeka is where Gapilo was born. Lupaga under Ufeka.

11. When the Court visited the land in dispute, we were not shown of the Mosong plant nor were we shown the place where it was planted. The two (2) Land mediators who are members of this Court and both are locals from the area spoke firmly of the Demarcation Committee and it’s work and the recognition of this committee. This Demarcation Committee comprised of reputable Faniufa Village elders like Girupano, Councilor Aole, Committee Namanah etc. and the history knew which block of land belong to Pupune Family so they gave their blessings for Ufeka land to Obed Pupune, the defendant in this case.

12. Applying section 23 (3) Land Disputes Settlement Act, which states. “A decision of Local Land Court shall be by majority vote, and where there is an equality of votes on any matter before the court, the Local Land Court Magistrate has a casting as well as a casting as well as a deliberative vote.” In this case I do not have to cast my vote as the two members of the Court and I am in the same view as both of them that the land in dispute be the ownership of it be awarded to Sogasi Lele and Heleke Family of Faniufa. We according grant orders pursuant to section 39 Land Disputes Settlement Act for exclusive use possession and ownership to Heleke Lele and Family.

Complainant, Akuwae Oluafa - In person
Defendant, Sogasi Helekes - In person