Rhonda Elizabeth Timano v Lassie Timano

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 05 March 1993
• Citation: [1993] PNGLR 334
• Court: National Court
• Year: 1993
• Judgement Number: N1142

National Court: Woods J

Judgment Delivered: 5 March 1993

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

RHONDA ELIZABETH TIMANO

V

LASSIE TIMANO

Mount Hagen

Woods J

16 February 1993

5 March 1993

REAL PROPERTY — Residential lease — Ownership — Identity of applicant lessee — Parties using the same name — Indefeasibility principle.

Facts

The widow and sister of Seth Timano both claimed to be the registered proprietor of a residential lease which Timano obtained and got registered in the name of Elizabeth Rhonda Timano, a name used by both claimants. The occupation description on the document of title fit the sister. However, that was the result of a clerical error.

Held

An error in the description of the occupation of the lessee does not affect or go to the principle of indefeasibility of title.

Cases Cited

Mudge v Secretary for Lands [1985] PNGLR 387.

Counsel

P Dowa, for the plaintiff.

P Kopunye, for the defendant.

5 March 1993

WOODS J: This is a dispute as to who is the registered proprietor of a residence lease, vol 125 folio 157, being a house property at allotment 20 section 24, Wabag, Enga Province. The plaintiff, Rhonda Elizabeth Timano, is the widow of the late Seth Timano, who was murdered in 1990. The defendant is referred to as Lassie Timano, the sister of the late Seth Timano, but she also calls herself Elizabeth Rhonda Timano.

The residence lease was granted to a Elizabeth Rhonda Timano, described as a computer operator, on 19 February 1992. Whilst the actual lease document was received by the defendant, the plaintiff says that she is the rightful holder of the lease.

The plaintiff states that around 1986 her husband applied for the subject land for her to develop as a residence. Having obtained a licence, her husband, through his company, proceeded to build a residence on the land at a cost of about K34,000. Initially, the family resided in the house, but then in 1990 the house was rented out. I note that the current rental agreement for the property was executed by the plaintiff, vide the signature on the rental agreement.

The plaintiff says that, having applied for the land and a licence being issued, it was still necessary to take further action, as the licence issued in 1986 was only a licence for one year. So in 1991, the plaintiff instructed a lawyer to lodge the application for the grant of a state lease under s 54 of the Land Act — see the document at folio 3 of the Lands Department file. On 15 November 1991, the plaintiff attended the meeting of the National Land Board at Waigani. In due course, the...