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Jia Hao Enterprises Ltd v Wukawa [2017] PGDC 37 (20 October 2017)

PAPUA NEW GUINEA

CIVIL JURISDICTION

MADANG DISTRICT COURT

JIA HAO ENTERPRISES LIMITED V ELIZABETH WUKAWA, ANIR MEDIR, DESMA KASA AND MELISHA JOSHUA

DCC NO 11 OF 2017

JUDGMENT

Her Worship Josephine Kilage LLB, LLM

20 October 2017

FACTS
The Complainant lodged Summary Ejectment Proceedings against the Defendants.There was a dispute to the title. The matter was lodged at the National Court of Madang.

On 27 April 2017 the Complainant make an application to stay the proceedings in the District Court as the matter was now before the National Court of Madang.The application was granted that the proceeding was stayed. The matter was adjourned to registry.

ISSUE

Whether the court has jurisdiction to hear this case.
FINDINGS

1. There is a bona fida dispute over the title of the property.
2. Matter before the National Court.
3. Case is prolonged with no feedback from the complainant on the progress of the National Court proceedings.

The court finds that the District Court of Madang does not have jurisdiction to hear this matter. The District Courts Act Section 21(4)(f) states- A Court has no jurisdiction when the title to land is bona fide in dispute. This matter should not be prolonged and adjourned generally to registry pending a National Court decision. The parties may seek additional orders to evict or restrain eviction in the National court in the current proceedings.
COURT ORDER

I therefore make the following orders:

1. Madang District Court does not have jurisdiction to hear the summons as there is a bona fide dispute on the title of the property.
2. Case is discontinued.
3. Cost be in the cause.

Given by my hand on 20^th October 2017
Josephine Kilage-Presiding Magistrate