Land Registration PNG

LAND TITLES COMMISSION DOES NOT COMPLY WITH BASIC LEGAL STANDARDS

those who advocate the registration of customary land tell us that the Lands Titles Commission will verify issues of proper parties/landowners, free and informed consent. This National Court judgement shows that the Lands Title Commission is not capable of adhering to the basic rules of natural justice in notifying interested parties before a decsion is made.

K9m Hagen land case struck out

A LANDMARK case involving more than K9 million was struck out by Justice Timothy Hinchliffe in Mt Hagen on Friday.
The money was already awarded to a Joseph Tengie by the lands titles commission over the Mt Hagen town land.
The Mount Hagen court was filled to capacity by people from the disputing clans but they were kept control by a heavy police presence.
Justice Hinchliffe ruled that the land titles commissioner had erred in awarding the claim to Mr Tengie, the first defendant in the case.
He ruled that the Lands Titles Commission and the state as second and third defendants would meet all the legal costs for the presiding lawyers. This is because of a failure on the part of the Lands Titles Commission breaching Section 43 of the Lands Titles Act in not publishing information to find out if there were any disputes on the land before making the award.
“The conduct of the Lands Titles Commission and the commissioner in March 2003 to award K9.9 million was irregular and in breach of the principals of natural justice,” Justice Hinchliffe said.
He said before awarding such a large amount of money, the Lands Titles Commission should have — according to the Lands Titles Act — informed any concerned landowner on the said land whether there was any pending dispute.
“This simple information was not conveyed and the disputing parties were informed after the award was already made,” he said.
The National Government, through the Lands Titles Commission, awarded the K9.9 million to Mr Tengie between 2000 and 2001 in three separate cases he filed against the state.
However, when he was just about to receive the payment, the Moge Komunka and the Jika Melakimb tribes — who also claimed ownership over the same land — filed a stop payment claim against Mr Tengie.
Mr Tengie, from Moke Kuipi within the parent Moge tribe, filed the case against the state over portions 94 and 95 and sections 35, 47, 52 and 59 on which the PNG Power branch office, Mt Hagen General Hospital and the Rural development bank are located.

PNG Post Courier Monday 20th June 05