The National Court has ruled that the land on which the Nipa District Hospital stands in Southern Highlands Province is State land, bringing an end to a long-running ownership dispute and prompting renewed calls for stronger land administration reforms across Papua New Guinea.
In a decision delivered on June 2, Justice Derek Wood ruled in favour of the Nipa Kutubu District Development Authority and its Chief Executive Officer Camilus Ombalo, confirming that Portion 64, Milinch Barena, Fourmil of Kutubu is alienated State land and not customary land as claimed by members of the Sowal Pore clan.
The Court found that the land falls within the Nipa Township boundary and is lawfully occupied and used by the State and the Nipa Kutubu District Development Authority for public purposes, including the Nipa District Hospital, which serves an estimated 175,000 people in the district and surrounding areas.
Justice Wood raised serious concerns about the credibility of evidence presented by the defendants led by Weso Ibopi, noting inconsistencies in affidavits and questioning the authenticity of key documents relied upon by the defence. A purported State lease tendered in court was later admitted by the defendants to be fake, while other supporting letters allegedly from land authorities were also rejected as unreliable.
The Court further held that if the defendants believed the land had been improperly acquired, they should have pursued legal remedies at the time of acquisition rather than rely on disputed claims decades later.
In addition to its findings, the Court made the following orders:
- The land known as Portion 64, Milinch Barena, Fourmil of Kutubu is declared alienated State land.
- The Sowal Pore clan’s claim of customary ownership is dismissed.
- The land is confirmed as lawfully used for public purposes, including hospital and government services under the Nipa Kutubu District Development Authority.
- The defendants and members of the Sowal Pore clan are permanently restrained from entering, interfering with, or damaging the hospital land and its facilities.
- The defendants are ordered to pay legal costs.
The ruling has been welcomed by Nipa Kutubu MP and Minister for National Emergency, Dr Billy Joseph, who described it as a landmark victory for protecting public infrastructure and strengthening land governance.
Dr Joseph said the decision reinforces the need to safeguard State land used for essential services such as hospitals, schools, and government stations.
While acknowledging the sensitivity of customary land issues, he stressed that lawful processes must be respected and public investments protected.
Using the ruling as a platform for reform, the Minister called on the National Government and the Department of Lands and Physical Planning to strengthen land administration systems nationwide.
He proposed dedicated funding for districts to acquire and formalise State land, issuance of Certificates of Occupancy to District Development Authorities, improved surveying and titling systems in rural areas, and stronger coordination between authorities in planning land for government services.
He also urged support for public servant housing developments through the National Housing Corporation and warned individuals occupying State land in Nipa Station to vacate immediately, stating there would be no compensation for illegal occupation or reliance on fraudulent documents.
Meanwhile, the Nipa Kutubu District Development Authority has engaged consulting firm SMEC to prepare a comprehensive urbanisation and planning report for the district. The project, in partnership with the Department of Lands and Physical Planning, aims to support formal land titling and structured development across Nipa, Poroma, Pimaga, and Muluma government stations.
District authorities say the initiative will strengthen land administration, improve service delivery, and provide a long-term framework for development planning in the district.