Jack Afing v Martin Pari, Ragiganazup Clan and ANZ Banking Group (PNG) Limited (2006) N3034

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 14 February 2006
• Citation: (2006) N3034
• Docket Number: OS 176 of 2005
• Year: 2006

Full Title: OS 176 of 2005; Jack Afing v Martin Pari, Ragiganazup Clan and ANZ Banking Group (PNG) Limited (2006) N3034

National Court: Kirriwom J

Judgment Delivered: 14 February 2006

1

Ruling

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Kirriwom J:

1. This is an application by the Applicant Jack Afing seeking leave to apply for judicial review pursuant to O16 r3 of the National Court Rules. Leave sought is to review the decision of the Provincial Land Court in Lae made 12 November 2004 in which the Court ordered that the customary land known as 'Ngaru No 1' Land belonged to Martin Pari and Ragiganazup Clan and further ordered that the Applicant was no longer entitled to 40% ownership of the same land as previously stood following decision of the Local Land Court. This decision was arrived at following an appeal against the Local Land Court decision by Martin Pari of Aridagin Clan and Ragiganazup Clan represented by Simon John.

2. This case has been going on for a while and at times one or more of the parties were legally represented until the fountain dried up when parties continued the fight themselves. The Applicant has no legal representation but the documents and the submission he filed no doubt have been prepared for him by a lawyer.

3. This case now proceeds under an amended originating summons as ordered by the Court (Davani J) on 19 July 2005 and 9 September 2005 (Kirriwom J) naming the Provincial Land Court Magistrate and The State as Defendants. The application is accompanied by an affidavit deposed to by the Applicant, a Statement in Support and a Motion which are the basic requirements under O16 r3 National Court Rules.

4. Application for leave to apply for judicial review in ordinary circumstances are heard ex parte. In this case...