Tete v Nagisaro [2011] PGDC 51; DC1086 (23 March 2011)

DC1086

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

LLC No. 15 of 2010

BETWEEN

PAULUS TETE
Complainant

AND

JAMES NAGISARO
Defendant

Goroka: M. Ipang

2010: August 17, 18
2011: March 23

Landmediators/ Assessors
Tovepa Atao, Lore Klepetamero, Wesley Inapo and Tale Owawe

Spokespersons
Paulus Tete – In Person
James Nagisaro – In Person

CIVIL

INTERSTS

Cases Cited

Legislation

Counsel
Complainant, In Person
Defendant, In Person

REASONS FOR DECISION

M. IPANG Magistrate: On the 6th July 2010, this Atuwakuka or also known as “Orupauka” customary land dispute was referred to this court.

2. The brief background facts which came with the referral stated that the defendant James Nagisaro sold this disputed land to Charles and Mekene. It further stated that after full payment (amount undisclosed) was made and after the Land Purchase Agreement was signed, the Complainant Paulus Tete disputed the ownership and further prevented the development of this land.

3. We have resolved that any land purchase agreement witnessed and sanctioned by Division of Lands, Department of Eastern Highlands will not be treated as a land dispute matter at first instance. Any dispute that arose will be referred to the Division of Lands, Department of Eastern Highlands were a solution can be found.

4. The present case is one such case where division of Lands, Department of Eastern Highlands facilitated the Agreement For Sale of Land and it is only appropriate that any party disputing such agreement should go to such avenue and resolve their grievances. We have done the same in Rex Jaggi –vs- Aige Kola, Tom Lapiso & Ors –vs- StanleyVise and we do the same with this case.

Complainant, In Person
Defendant, In Person