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Numabo v Kande [2015] PGLLC 1; DC3055 (6 March 2015)

DC3055

PAPUA NEW GUINEA

[ In the Local Land Court ]

In the Matter of “GUTEME” Land Dispute

Between:

GENE NUMABO of Guteme Village
Kamtai District, Simbu Province
-Appellant-

And:

SAM KANDE of Guteme Village
Kamtai District, Simbu Province
-Respondent-

Kundiawa: B. TANEWAN,

Kamtai: K.Tangil&J. Kama

2014: 11^th, 19^thDecember

2015: 13^th, 27^th,January

19^th, 20^th, February

06^th , March

LOCAL LAND COURT DECISION ON “GUTEME LAND”

This is a ruling on the referral from the Land Mediators of Kamtai in the SinesineYongomugl Electorate of Simbu Province.
The complainant, Gene Numabo requested Land Mediation against Sam Kande over the piece of land known as “Guteme land”.

Mediation was conducted initially by some land mediators, and then one of the parties applied to court to nullify their findings as the composition of the mediation team was not properly constituted.

The Local Land Court set aside their findings and ordered fresh mediations.

The fresh mediations finds;

- Both parties are related
- One from father (man)
- Another from mother (sister)

According to Simbu custom the land ownership rights remains with the man (as it is a patrilineal society).
However, the women have user rights over the land – this is different from ownership rights as sometimes men do allow their sisters to reside and use their land.

In this particular case the ownership rights remains with Numabo whilst Kande have the user rights only.

Therefore, hence land is communally owned, the right to give away, sell or lease, remains with the men as in most patrilineal societies. In this case ownership rights rests withNumabo.
But these rights must be exercised with caution, so not to totally forget his sisters’ children and even the other relatives from the sisters’ side. He can allow his sisters to reside and use the land only.

COURT ORDERS

1. The ownership rights remains with Numabo – (patrilineal)
2. User rights belong to Sam Kande.
3. The ultimate decision to give away, sell or lease land at “Guteme” remains with Numabo.
4. To solve such disputes, Sam Kande must remove the building that is blocking Gene Numabo which was initially the cause of the dispute at the first instance.
   

Orders Accordingly

_____________ ______________ ______________
Land Mediator Local Land Court Land Mediator

Magistrate