THE National Court has granted order for a land-owner group in the Southern Highlands province to file and serve a statement of claim of K4 million, which was not paid as per signed contract.
Presiding judge Justice David Cannings made this ruling yesterday in relation to K4 million in public funds allocated for a road project, Para-Komo Road in the province under a memorandum of agreement (MoA) regarding the Hides Gas project, which was allocated to Humako Construction Limited, a company representing the landowner group instead of paying it to Kayumba and Urabi Land Groups as per the MoA.
The court was told that the allocation of K4 million under the MoA was made by the expenditure implementation committee (EIC) to which EIC allocated for Para-Komo Road project.
The plaintiffs are disputing that they are the landowners in that area which the project will commence and therefore, the K4 million should be paid to them.
The court further heard that last Dec 11, the amount in dispute was allocated to the first defendant, Lipe Parindali, who is the managing director of Humako Construction Ltd, enclosing a cheque for K4 million by an officer within the Department of Petroleum and Energy.
Justice Cannings said the plaintiffs were seeking to enforce rights and expectations conferred on them by the MoA.
“As I understand the plaintiff’s case, they are saying that, as landowners in the area covered by the MoA they have a right to have decisions about allocation of projects and public money made fairly, in a way that gives effect to the MoA.”
Justice Cannings refused the motion by the defendants to dismiss the proceedings and granted the orders sought by the plaintiffs to file and serve a statement of claim.
 

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