Christian Life Centre v Associated Mission Churches of Papua New Guinea, New Ireland Enterprises Pty Ltd, The Registrar of Titles, The Minister of Lands and The Independent State of Papua New Guinea (2002) N2261

• Jurisdiction: Papua New Guinea
• Judge: Lenalia J
• Judgment Date: 09 August 2002
• Court: National Court
• Citation: [2002] PNGLR 219
• Year: 2002
• Judgement Number: N2261

Full Title: Christian Life Centre v Associated Mission Churches of Papua New Guinea, New Ireland Enterprises Pty Ltd, The Registrar of Titles, The Minister of Lands and The Independent State of Papua New Guinea (2002) N2261

National Court: Lenalia J

Judgment Delivered: 9 August 2002

N2261

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

OS. NO. 116 OF 1999

BETWEEN: CHRISTIAN LIFE CENTRE

- Plaintiff

AND: ASSOCIATED MISSION CHURCHES OF PAPUA NEW GUINEA

- First Defendant

AND: NEW IRELAND ENTERPRISES PTY

LTD.

- Second Defendant

AND: THE REGISTRAR OF TITLES

- Third Defendant

AND: MINISTER OF LANDS

- Fourth Defendant

AND: THE INDEPENDENT STATE OF

PAPUA NEW GUINEA.

- Fifth Defendant

KAVIENG : Lenalia, J.

2002 : 26 June, 9 August

LAND LAW – Lease – State Lease – Transfer of titles – Grant of Leases –

Representation made – Payment made for transfer of titles – Purchaser – Unilateral transfer of lease from one party to the party not known in the agreement to purchase – Actual purchaser not informed about the transfer – Orders in nature of Declarations granted.

CASES CITED

The following cases are cited

Radaich -v- Smith (1959) 101 C.L.R. 209

Claude Neon Ltd -v- Melbourne Metropolitan Board of Claude Neon Ltd –v-

Melbourne metropolitan Board of Works (1969) 43 A.L.J.R. 69.

Dunlop Pnewmatic Tyre Co. Ltd. –v- Selfridge & Co. Ltd. (1915) A.C. 847

S. Madana, for the Plaintiff

No appearance by or for the Defendants

DECISION

9 August, 2002

LENALIA, J. This mater was listed for trial before me on 21st of June at Kavieng this year. The matter was heard in absence of all the five Defendants and no lawyer represented anyone of them. After having accepted the affidavit evidence on behalf of the Plaintiff and after hearing their lawyer’s brief submission, I adjourn generally for my decision after receiving the Plaintiff’s lawyer’s submission. The decision was delivered in Kokopo, ENBP. The following discussion is my judgement.

The Plaintiff is a Church Organization and a registered legal entity having registered under the Companies Act, way back on 16th of July 1969. The First Defendant is also a Church Organization and is a legal entity by it’s registration on 8th September 1983. The Second Defendant is a company limited by shares. The Third and fourth Defendants are agents of the Fifth Defendant being the Independent State of Papua New Guinea.

The Plaintiff purchased and became the lessee of two blocks of land stated as State Leases being Allotment numbers 41 and 42 located in Section 33 in the township of Kavieng, New Ireland Province. The Plaintiff purchased the two blocks in order for its organization to establish itself. All assets on the property were developed and built by the Plaintiff and it’s congregation in the Kavieng town. These blocks of land were purchased from the Second Defendant whom I suppose although does not clearly appear from the evidence, was the original lessee.

Somehow the Plaintiff who was supposed to be the lessee of the abovementioned properties was not afforded the titles for what they had purchased and for reasons only known to the First and Second Defendants. As it appears and according to all the evidence by the Plaintiff’s representatives, the titles were secretly and unilaterally transferred from the former lessee, to the First Defendant. Pastor David Muap filed an affidavit on 12th March 1999 containing a lengthy summary of how the Plaintiff applied for and purchased the two properties. (Refer to all annexures to Pr. David’s affidavit). There is evidence that the manageress of the Second Defendant unilaterally arranged for the transfer of the two properties to the First Defendant and by their servants and agents Mr. Hosea Mina and Pastor Peter Iason whom the Court takes to be not a party to the purchase agreement.

The Plaintiff now claims that, what the First and Second Defendant did was wrong in law. The Plaintiff through its agents in Kavieng seek the following declarations:

1. A Declaration that the conduct of the First Defendant through its servant Hosea Mina in arranging and effecting the transfers of the titles for the State Leases being Allotment 41 and 42 of Section 33 in the town of Kavieng from the Second Defendant to the First Defendant to be improper and without legal basis and as such unlawful.

2. A Declaration that the conduct of the Second Defendant through its servant Moya Saunders in effecting the transfers of the titles for the State Leases being Allotments 41 and 42 of Section 33 in the town of Kavieng from the Second Defendant to the First Defendant to be improper and without legal basis and as such unlawful.

3. A Declaration that the conduct of the Third Defendant in issuing titles for the State Leases being Allotment 41 and 42 of Section 33 in the town of Kavieng and in the name of the First Defendant without first ascertaining the proper and correct owner and occupier of the State Leases as constituting negligent conduct and as such unlawful.

4. A Declaration that the conduct of the Fourth Defendant in approving the transfer of the titles for the State Leases being Allotment 41 and 42 of Section 33 in the town of Kavieng from the Second Defendant to the First Defendant without first properly establishing who the occupier is and who the true owner should be as constituting negligent conduct and as such unlawful.

5. A Declaration that the conduct of the Fourth and Fifth Defendants in failing to prepare and issue the titles for the State Leases being Allotments 41 and 42 of Section 33 in the town of Kavieng and to the Plaintiff and within reasonable time after the land had been sub-divided constituted negligent conduct and as such unlawful.

6. A Declaration that the First Defendant had no immediate lawful right to possession of the State Leases being Allotments 41 and 42 of Section 33 in the town of Kavieng prior to it obtaining titles to the properties.

7. A Declaration that the Plaintiff had immediate and lawful right of possession of the State Leases being Allotments 41 and 42 of Section 33 in the town of Kavieng and to the exclusion of the whole world and including the First Defendant immediately prior to the properties being transferred to the First Defendant.

8. An order that the Defendants effect the immediate transfer of the properties being Allotments 41 and 42 of Section 33 in the town of Kavieng and from the First Defendant to the Plaintiff.

9. Such other orders, including directions, as this Honourable Court deems appropriate.

The evidence in support of the claim by the Plaintiff is overwhelming. After the Plaintiff purchased the two properties from the Second Defendant, one Mrs. Moya Saunders never expedited the titles quickly as expected to the Plaintiff. It is not clear from the evidence of the Plaintiff as to when the purchase of the two blocks, were made. However, it was submitted on behalf of the Plaintiff that, the Plaintiff has been using the premises for the last twenty or so years.

The evidence contained in the affidavit of Pr. Muap is that, the members or followers of the Plaintiff in Kavieng raised funds to build the Church and other assets upon the two allotments. That back then, Pastor Liuaki Taufa and Pastor Peter Iason were former Pastors of the Plaintiff based in Kavieng. They had been pastors providing shepherd care to the Kavieng town Church of the Plaintiff. It is noted from the evidence that there were disagreements held by Pastors Peter Iason and Liuaki Taufa on one side and the Church Board or Executive arm of the Plaintiff in relation to doctrinal issues which problem caused a split between them.

Due to the differences in the doctrinal beliefs, Pastor Peter Iason and Pastor Liuaki Taufa and a handful of their supporters or what we might call followers deserted and aligned themselves with the Associated Mission Churches of Papua New Guinea who is now the First Defendant. According to Pr. David Muap, the members of the Associated Mission Churches of Papua New Guinea in Kavieng were formerly members of the Christian Life Centre. They used to attend Church Services and conduct other Church business together with the members of the Plaintiff at the properties in issue and Pastor Peter Iason was formerly a proper appointed Pastor of the Plaintiff.

According to Pastor David Muap, back in 1991 an Australian Collin Bourne, it is not clear form the evidence if Collin was a Pastor or not, introduced into Papua New Guinea a doctrinal belief. The new doctrine was about being baptised only in the name of Jesus. This new doctrine was introduced in the Duke of York Islands during a Conference held for the New...