Yaka v Anis [2001] PGPLC 1; DC361 (6 November 2001)

DC361

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE 04 OF 1992

In The Matter of an Appeal from Local
Land Court Decision In Respect Of "Kelowaka" Land Dispute

BETWEEN

Ipita Yaka
Appellant

V

Steven Anis
Respondent

Mt. Hagen: Appa, D.L.C.M.
2001: 4th, September; 6th November

DECISION ON APPEAL

This is an appeal from a Local Land Court decision. There was actual LLC hearing but it endorsed an agreement reached between the parties and approved that agreement on 3rd September 1992 which then became decision of the Local Land Court so was subject to appeal.

At mediation, the disputed land was returned to the traditional owner who is the appellant in this case. The appellant said since he was given the land back there was a need for him to pay K700.00 to Steven Anis, the respondent.

The appellant said during the appeal hearing that the only reason to appeal was that he was not happy with the K700.00 award which he initially agreed but later changed his mind through some advice given.

The brief history of the case was that the appellant had to leave his land and go elsewhere due to tribal fight and he allowed the Respondent to look after the land. Mr. Anis looked after the land and made gardens for fifteen years. Appellant then returned to the land. The respondent asked to be compensated for looking after the land. Mr. Yaka later refused to apply compensation and that’s how the minor dispute arose. The appellant raised no other grounds of appeal.

I have checked this ground for appeal against the grounds required under Section 58 of the Land Dispute Settlement Act and found that the ground raised and relied on by the appellant does not come under any of the possible grounds stipulated under section 58. In my view the imposition of the K700.00 compensation which the appellant initially accepted was based on common sense and also based on assessment made by the Land Mediator.

Some of the factors taken into account were:-

1. Improvements (clearings, kaukau gardens) – K 600.00

2. Time wasted or lost - K 600.00

3. Care taking of land - K4,500.00

4. Refund of part payment - K 50.00

Total: K5,750.00

This (K5,750.00) was the initial claim by Mr. Anis but was later reduced to K700.00 at mediation and was approved by the Local Land Court which then became the official order of the LLC. Refer to Section 19 (6) of the Land Dispute Settlement Act.

I find from the above observations that there is no arguable ground raised from any substantive hearing since there was no issue on ownership of the disputed land.

I make the following orders:-

1. Appeal is quashed.

2. Decision of the Local Land Court is confirmed.

3. The appeal fee of K300.00 be refunded by half (ie K150.00). The other half - K150.00 he fortified to the state.

4. The compensation order of K700.00 be settled within two months

Dated this 6th day of November 2001 at Mt. Hagen
...........................
RAPHAEL APPA
Provincial Land Court Magistrate