Mura v Garamapun [2022] PGPLC 2; DC8096 (5 August 2022)

DC8096

PAPUA NEW GUINEA

[IN THE PROVINCIAL LAND COURT OF JUSTICE]

PLC. 08 of 2021

BETWEEN

Jerry Mura

AND

Simon Nawas

AND

Sam Mura

Appellants

AND

Yuda Garamapun

1^st Respondent

AND

Fifing Bingaum

02^nd Respondent

Local Land Court Magistrate Tera Dawai

03rd Respondent

AND

Silas Sibisa as Land Mediator

04th Respondent

AND

Peter Kaki as Land mediator

05^th Respondent

Lae: S.Lavutul

2022: 05^th, 12^th, 14^th, 28^th July, 05^th August

PROVINCIAL LAND COURT PRACTICE & PROCEDURE- Section 50 Land Dispute Settlement Act – Provincial Land Court Appeal Process–Sections 54, 55, 56, 57, 58, 59 & 60- Filing of an Appeal outside the three (3) months period after the date of the Local Land Court Decision and after the ending of the 12 months.

APPEAL: APPEAL AGAINST DECISION OF LOCAL LAND COURT.

Section 54 (1) Land Dispute Settlement Act, Subject to this section, a person aggrieved by a decision of a Local Land Court may appeal within three months after the date of the decision to the Provincial Land Court.

Section 54 (2) Land Dispute Settlement Act, Where the Provincial Land Court is of opinion that it is desirable in the interests of justice to do so, it may, whether or not the time fixed for appeal under Subsection (1) has expired, extend the time fixed for appeal, but leave shall not be granted after the end of the period of 12 months after the date of the decision appealed against.

Cases Cited
Nil

References
The Land Dispute Settlement Act
The Land Act

Appearance

Jerry Mura & Simon Nawas – Appellants Appeared In Person
Respondent Yuda Garamapun- Did not Appear In Person

REASONS FOR DECISION

05^th of August, 2022

Samuel Lavutul, Principal Magistrate: This matter came before me by way of a Notice of Appeal filed by the Appellants Jerry Mura, Simon Nawas and Sam Mura on the 26^th day of January 2021 moving the court to quashed the Local Land Court Decision dated 15^th of March 2019 under the following grounds of appeal;

1. The Local Land Court exceeded or refused to exercise its jurisdiction; or

2. The Local Land Court conducted its hearing in a manner contrary to natural justice; or

3. In the circumstances of the case no court doing justice between the parties would have made the decision appealed against; or

4. In the case of an appeal against a decision given under section 40, the order for the return of the interest or interests in land or the grant of another equivalent interest or interests was not supported by facts.

2. The Appellants paid an Appeal fee to the sum of K500.00 dated 26^th of February, 2021 on Official Receipt Number # R00001267871.

Background

3. By way of background this appeal rose out of a decision by the Lae Local Land Court presided over by Magistrate Tera Dawai dated the 01^st of March 2019. It appears from the Local Land Court records the substantive matter was numbered # LLC # 12 of 2019 after it was referred by Land Mediators namely, Silas Sibisa and Peter Kakai through an Application for Approval of Agreement or Form 10 dated 15^th of March 2019.

4. It appears from the records, the Application for Approval of Agreement was between Disputing Parties namely Fifing Bingaung of Munsil Clan and Judah Garamapun of the Munsil clan over the user right on Nantu Land the subject of the dispute. As per the Application of Approval of Agreement it indicates the Agreement was reached on the 29^th of April 2014 as endorsed by Mediators Peter Kaki, Ngob Samu and Silas Sibisa. According to the Record of Mediation described as Form 7 prescribed under Section 11 of the Land Dispute Settlement Act the mediation concluded by the following settlements described in pidgin in that;

1. Jimmy Mura na Jerry Mura em ol adopted Pikinini kam insait long Munsir Klen

2. Olgeta ol properties bilong Munsir Klen bai stap long lukaut bilong Original Munsir Klen bilong Atzunas ples.

3. Tupela disputing parties wantaim mas bung long Hausman bilong Munsir Klen long Atzunas ples na makim wanpela Klen Leader bilong Munsir Klen

5. It was agreed that, “The usage rights over Nantu Land is vested upon; (1). Fifing Bingaung, and (2) Judah [Yuda] Garampun”. The Application for Approval of Agreement was laid before Magistrate Tera Dawai and was endorsed on the 15^th of March, 2019. Thus it became a lawful decision of the Local Land Court upon endorsement by Magistrate Tera Dawai.

Findings and Deliberation

6. I uncovered from the facts and documents laid before me the Application for Approval of Agreement was laid before Magistrate Tera Dawai on the 15^th of March 2019 at the Lae Local Land Court. Thus it became a lawful Local Land Court Decision upon endorsement from thereon.

7. The Appellants in this matter had the right to appeal within three (3) months commencing from the day after the date of the decision. The Decision of the Local Land Court was dated the 15^th of March 2019. Thus then the Appellants if they were aggrieved by the above decision they had between 16^th of March 2019 to the 16^th of June 2019 to file an appeal. And if the three (3) months had lapsed on the 16^th of June 2019, they have twelve (12) months running from the date after the date of the decision which is on the 16^th of March 2019 to the 16^th of March 2020 to file for leave to be granted before the Provincial Land Court to file an appeal outside the three (3) months and within the twelve (12) months. This is clearly defined by Section 54 (1) Land Dispute Settlement Act, which stipulates; Subject to this section, a person aggrieved by a decision of a Local Land Court may appeal within three months after the date of the decision to the Provincial Land Court. Section 54 (2) Land Dispute Settlement Act, Where the Provincial Land Court is of opinion that it is desirable in the interests of justice to do so, it may, whether or not the time fixed for appeal under Subsection (1) has expired, extend the time fixed for appeal, but leave shall not be granted after the end of the period of 12 months after the date of the decision appealed against.

8. I therefore find that this appeal filed by Appellants Jerry Mura, Simon Nawas and Sam Mura was filed outside the requirements of Section 54 (1) and Section 54 (2) of the Land Dispute Settlement Act. The Appellants filed their appeal on the 26^th of January 2021 which is way off and outside the requirements of Section 54 (1) and Section 54 (2) of the Land Dispute Settlement Act.

9. I therefore do not have the jurisdiction to preside over the matter and that the Appeal was filed out of time.

Court Order

1. That the Appeal is dismissed

2. That the Decision of the Local Land Court of the 15^th of March 2019 stands.

3. That the filing fee is forfeited to the state.

4. That the Appellants are at liberty to file for review in the National Court.