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Talpi v Ainda [2005] PGDC 92; DC452 (7 July 2005)

DC452

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 01 OF 2005

In The Matter Of A Dispute Over Ownership of Customary Land Known As Sumaluo/Sikine/Aunongo Situated At Ningian Village, Aitape

BETWEEN

Steven Talpi For And On Behalf Of Karite Clan Of Ningian Village
Appellants

V

John Ainda For And On Behalf Of Ausite Clan Of Ningian Village
Respondents

REASONS FOR DECISION

7th July, 2005

KORONAI, PM: This is an application by the appellants seeking an extension of time in which to lodge an appeal against a decision of the Aitape Local Land Court, made on 28th of April, 2005, approving an agreement between the parties in relation to ownership of customary land known as "SUMALUO/SIKINE/AUNONGO" situated at Ningian Village, Aitape.

Counsel
Steven Talpi for Appellants.
John Ainda for Respondents.

HISTORY

The Appellants and Respondents all come from Ningian Village in Aitape District of Sandaun Province. The appellants through Steven Talpi, who after seeing the Senior Provincial Magistrate in Vanimo, filed an application together with supporting affidavits seeking an extension of time under Section 54 (2) of Land Disputes Settlement Act Chapter 45, in which to lodge an appeal against the Aitape Local Land Court decision of 28th October, 2005, approving an agreement reached between them, during mediation, on 25th of October, 2004. This application for approval of this agreement was made to the Aitape Local Land Court on 30th March, 2005 and notice of hearing pertaining to it was issued on 31st of March, 2005 and hearing was set for 28th April, 2005 at 10:00am.

On the 28th of April, 2005, the respondent and all witnesses to the disputed land boundaries were present except Steven Talpi, the representative of the Karite Clan, the appellants. The Local Land Court having satisfied itself endorsed the above-named agreement, effectively making it as its order under Section 19 (6) of the Land Disputes Settlement Act (LDSA).

The appellants through Steven Talpi made their application under Section 54 (2) of LDSA and I am of the view that it is misconceived in that they still have time up until the 28th of July, 2005 to lodge their appeal. Mr. Talpi lodged this application on 16th June, 2005, 44 days prior to the end of the statutory period of three months under Section 54 (1) of LDSA for filing a notice of appeal against the Aitape Local Land Court decision of 28th April, 2005. They still have time to lodge their appeal and in paying up the appropriate appeal fee, under Section 57 (1) of LDSA but chose to make this application. The appellants also applied under Section 57 (2) for a reduction of appeal fee from K500.00 to K250.00.

It follows that their application for extension of time is misconceived and cannot be granted but that sufficient cause has been shown and their application for a reduction in the appeal fee should be granted.

So the Formal Orders are

1. Application for extension of time under Section 54 (2) of LDSA in which to file a notice of appeal under Section 55 (1) of LDSA is not granted and is dismissed with costs, such is to be agreed upon if not, taxed.

2. Application for a reduction of appeal fee under Section 57 (2) is granted and it is reduced to K300.00 cash.

3. Appellants shall file a notice of appeal and pay the appeal deposit fee of

K300.00 cash by 4:06pm 11th of July, 2005.

4. Matter of the appeal shall be heard at 9:30 am on 12th of July, 2005.

Steven Talpi: Appellants
John Ainda: Respondents