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Qoqonokana v Pitamama [2005] SBCLAC 6; Western Customary Land Appeal Case 5 & 8 of 2003 (18 May 2005)

IN THE WESTERN CUSTOMARY LAND APPEAL COURT

CLAC no. 5 and 8 of 2003

In the Matter of: TIMBER RIGHTS APPEAL ON ZODI LAND

BETWEEN:

MELCHIOR QOQONOKANA
LAZARUS LELEDELE
Appellant

AND:

ANTHONY PITAMAMA & OTHERS
Respondents

JUDGMENT

The Appellants appealed against the Choisuel Provincial Executive Committee determination of the timber right on Zodi Land.

Appeal Grounds

The map used for the Zodi land timber right determination appears to include the land belongs to Ngava tribe namely Tarakeqe Land and Koloma land.

Appellant in his brief submission said that he did not attend the hearing but he made the appeal because the map used in the hearing of timber on Zodi land appears to also include his Koloma customary Land. Zodi land does not share boundary with his land because between them is Paleka Land.

Appellant Case

In his reply the Respondent spokesman told the court this timber right on Zodi land does not included his Koloma customary Land.

The Court

The court is satisfied that the Appellant's Koloma Land area is not included at the timber.

Order

1. All grounds of Appeal is dismissed
2. No order for cost.

Dated: 18th May 2005

*Right of Appeal to the High Court is explained