DC552

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

DCCi 340 OF 2007

BETWEEN

KENGE OIL & EQUIPMENT MAINTENANCE SERVICES LTD
Complainant

AND

PAUL BIABAE POROA
Defendant

Lae: C Inkiposo
2006: 07 November

CIVIL - Claim for eviction under the Summary Ejectment Act Ch.202 proceedings for eviction under Section 6 of the Summary Ejectment Act is not available where there is a dispute as to title to the property in dispute – District Court lacks the jurisdiction to deal with a matter of this nature where title to the property is bona fide in dispute (Section 21 (4)(f) of the District Courts Act Chapter 40) – National Court has inherent jurisdiction to deal with matters where the District Court lacks jurisdiction pursuant to Section 155 of the National Constitution.

Cases Cited
Herman Gawi –vs- PNG Ready Mixed Concrete (PNG) Pty Ltd [1984] PNGLR 74

References
Constitution of PNG
District Courts Act Chapter No.40
Summary Ejectment Act 

Counsel
Complainant: Mr Agi Kenge proprietor in person
Defendant: Mr Paul BibaePoroa in person

07 November 2006

REASONS FOR DECISION

C Inkiposo: Background: Complaint laid a claim by way of summons upon an information dated 10 May 2006 claiming that Defendant was without right, licence or permission occupying a piece of land at the Kamkumung Industrial area described as Section 126 Allotment 09, City of Lae, Morobe Province In support of the claim, Complainant filed an affidavit in support annexing an owner’s copy of the lease title. In his own defence. Defendant filed an affidavit annexing also his own copy of owner’s copy of the lease title in which he claims that he was not unlawfully on the property as claimed – rather he is lawfully in occupation his own property thus putting to serious question the issue of title over this property. This is the background of this case.

2. In the process of hearing this matter with the view to reaching a conclusion, it became apparent that the issue before the Court was one of title to the property that Complainant lays claim upon information seeking eviction of the Defendant under Section 6 of the Summary Ejectment Act Chapter 202.

3. A successful prosecution under the Summary Ejectment Act Chapter 202 is feasible only upon a clear proof of title to the property. See Herman Gawi –v- PNG Ready Mix Concrete (PNG) Pty Ltd [1984] PNGLR 74

4. The Complainant provides a copy of the lease title that appeared to the court to have been granted after the Defendant’s earlier lease was subjected to a forfeiture process and that a new ninety nine (99) year lease was granted to the Complainant.

5. Defendant disputes this process and defends against the claim by producing his copy of the owner's copy of the lease title certificate. In such circumstances it appears clear to this Court that the case has unfolded to a stage where there now is apparent on the face of it a dispute as to the title over this property. In a sense, there arises a dispute as to the title that substantially impacts on this Court’s jurisdiction under Section 21 (4) (f) of the District Court Acts Chapter 40.

6. This Court (District Court) is a Court of Limited Jurisdiction unlike the National Court which has unlimited powers under Section 155 of the National Constitution to deal with any matter that comes before it.

7. Under Section 21 (4) (f) of the District Act Chapter 40, I am of the humble view that this Court lacks the jurisdiction to deal with this matter by proceeding further and making determinations on the issues before it.

8. Accordingly, I order that:-

1)	This Court lacks the jurisdiction to deal with this matter to conclusion under Section 21 (4) (f) of the District Courts Act, Chapter 40 and therefore dismiss the claim.

2)	Each party is to bear its/his own costs of these proceedings.

3)	Each party shall be at liberty to institute appropriate fresh proceedings at the National Court to address this matter and the attendant issues thereof.

Kenge Oil & Equipment Maintenance Services Ltd The Complainant 
Paul Bibae Poroa The Defendant