Court orders State to pay K52. 2 million compensation for Madang town land

A long- running Human Rights court case by landowners of the land on which Madang own sits, against the State; has finally come to a close after the National Court in Madang ruled that the plaintiffs, who are the ten landowner clans, be compensated justly.

The landowners took the matter to court for breach of their rights and were seeking Protection from Unjust Deprivation of Property under Section 53 of the Constitution, and Claims for Compensation under Section 53 (2) of the Constitution after establishing liability of the State.

Justice Dr Vergil Narokobi, orderd on September 11, 2026, that the State pays them K52, 200, 000.00 as just compensation for the 1, 280. 52 hectares of land referred to as 'Jomba Plain,' and which includes Modilon- Jomba, Wagol and Wagol Reserve.

The ten clans are Nob, Matulon, Laupain Bilia, Kakon, Asuapain, Mahoban, Uribu, Ga Gali, Bau Malehu, and Kanurua.

The court also ordered that the State pays each of the plaintiffs K5, 220, 000.00 over a 5-year period.

As part of the just compensation on just terms, the court also recommended that pursuant to sub section 25 (3), 53 (2), 57 (5), 155 (4), and 158 (2) of the Constitution to the National Parliament that it exercises its legislative power under section 109 (1) of the Constitution to enact a legislation in similar terms to the Motu- Koita Assembly Act 2007 for the welfare of the indigenous people of Madang, within 12 months from the date of ruling.

Justice Narokobi further ordered that the State pays the plaintiffs interests on the judgement sum at 2% from the date of entry of liability to the date of judgement.

The plaintiffs are the landowners of present Madang Town, and their interest was first recognised by a pre- Independence court between 1971 and 1972.

It was also recognised by the National Land Titles Commission.

The Court heard that in 1988, the then Minister for Lands declared certain areas of Madang Town to be State Land, according to his powers under Section 9 of the National Land Registration Act, 1977.

The plaintiffs were, however; not aware of the notice.

The State, over the years; has been willing to pay compensation but, for some reason, has not done so.

They have proven in a separate case on liability that the areas of land accommodating Madang Township were not properly acquired by the State ( Kusup v Sipison (2023) N10269), and that the State had failed to exercise its duty to properly convert the said land to State Land under the National Lands Registration Act 1977.

Justice Narokobi said the ownership status of these tracts of land was determined by the pre- independence case of Custodian of Expropriated Property v Commissioner of Native Affairs (Re Jomba Plain) [1971- 72] PNGLR 501 ( a case decided in 1932, thereafter also variously referred to as the " the 1932 decision").

The question before the court was how it should assess just compensation after finding that the State has unjustly deprived them of their property under s53 (2) of the Constitution.

Lawyer representing the landowners and plaintiffs, Bradley Baffinu Wak, Principal Lawyer of Bradley & Company Lawyer, welcomed the ruling and humbly requests and invites the Madang MP, Bryan Kramer, and Madang Governor, Ramsey Pariwa to look into this matter seriously and propose a legislation similar to the Motu- Koita Assembly Act of 2007 to satisfy and comply with the court orders.

Mr Wak described Justice Narokobi's ruling a landmark judgement for the Madang Town landowners, adding that their interests must be implemented at all costs.