Kuberi Epi and Others v Turama Forest Industries Ltd and The State

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 17 September 1998
• Court: National Court
• Citation: (1998) N1761
• Year: 1998
• Judgement Number: N1761

National Court: Woods J

Judgment Delivered: 17 September 1998

N1761

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

WS 682 OF 1995

KUBERI EPI & OS - Plaintiffs

V

TURAMA FOREST INDUSTRIES LTD – First Defendant

THE STATE – Second Defendant

Waigani: Woods J

3, 17 September 1998

INTERLOCUTORY RULING

Land – claim for nuisance and trespass – claim to customary title - discovery and particulars - pleading customary title

S Soi for the Plaintiffs

L ToRobert for the Defendant

17 September 1998

Woods J. The plaintiffs as representatives of customary tribes have filed a writ of summons seeking certain declarations concerning the use of certain land in the Gulf Province and also damages for nuisance and trespass. There have been requests for particulars and answers filed and the plaintiffs are now seeking orders that the matter be set down for hearing. The Defendants have submitted that there have been insufficient particulars supplied to enable the defendants to properly respond to the claim and also that the issues to be determined by the court have not been sufficiently clarified.

In detail the defendants submit that the status of the plaintiffs in relation to the land the subject of the proceedings has not been appropriately clarified, the plaintiffs have failed to adequately identify the land the subject of the claim and how and whom are the owners by custom of the land and by what authority the named plaintiffs are the representatives of the tribes referred to. The defendants submit that the plaintiff’s claim is too vague and merely relies on a bare allegation.

This is clearly a claim for damages inter alia for trespass and nuisance to land and for restraining orders. It is usually envisaged that to support such a claim there must be an appropriate title to the land. Whilst the plaintiffs are claiming to be the...