Mediation rarely solves land disputes, with cases always proceeding to formal resolution processes, as was the case in the dispute between a nephew and uncle heard by the Dili District Court recently. 
The initial incident occurred May 31, 2011 in Becora Village.
The victim, known as “GB”, told the court the defendant – his nephew “BC” – took a tradesman to a block of land belonging to GB at 6am.
The pair measured the block of land without GB’s knowledge.
GB told the court the land was to be given to his eldest son who was studying in Indonesia.
It was for this reason GB had not consented to allow anyone to build a farm or house on the disputed land.
“This land is mine, then he came to take it to build a house. Because he was angry he took a chair and threw it at me and I was hospitalized,” GB said in court.
The victim – who is the brother of the defendant’s father – said before his father’s death, the land had been divided. He said he had lived at the site at the time of the incident but did not have the certificate proving his ownership.
The victim’s brother “SF”, told the court GB was the owner of the land and the house in which he lived.
SF testified that GB, the youngest brother in the family, was given the rights to the home which belonged to their parents.
“Our mother is alive and lives with him and the house and land was given to him accordingly,” SF said.
BC said in court that his intention by taking the land was to build a house for his family to live in as he lived with his wife’s parents, a living situation which was causing fights between the couple.
“I asked my uncle (for access to the land) but he did not give it to me; that’s why angrily I hit my uncle,” BC said.
He said he assaulted his uncle because of the stress caused by his domestic problems and the problems with his wife.
After hearing the evidence of the victim, defendant and witness, Judge President Jose Maria de Araujo decided in favor of GB and ruled the defendant pay a fine as the victim was hospitalized for three days as a result of the assault.
