Ex-cop in court over sale of house in Lae
By PETER MIVA
FORMER Morobe provincial police commander Peter Nessat appeared in court yesterday over alleged breach of contract in the sale of a house in Lae city.
Mr Nessat, who is currently the ACP for the Autonomous Region of Bougainville, appeared before Acting Judge Justice Nemo Yalo.
The court heard that the house was owned by the National Housing Corporation (NHC) but was offered to Nessat under the NHC home ownership scheme as a current tenant for K58,000.
The court heard that Mr Nessat was approached by one Roger Kuk, who wanted to buy the house.
Mr Kuk, however, discovered that Mr Nessat had no proper title, so the two went to the NHC headquarter in Port Moresby, where they signed a contract of sale for the title of the house to be transferred from the NHC to Mr Nessat who would then transfer it to Mr Kuk under a simultaneous transfer agreement with assistance from the NHC legal division on July 28, 2003.
The court heard that last July 9, 2003, Mr Kuk paid K10,000 to Mr Nessat as part payment for the house, Section 2, Allotment 30 at Fourth Street in Top Town.
Mr Kuk paid another K6,000 during the same month.
He also paid K35,000 in arrears upon approval from NHC under the simultaneous transfer agreement,which spending a total K51,000 for the house.
Mr Nessat applied for a transfer of the land tenancy to Mr Kuk but there was a delay on the gazettal of this land on which the property stood, thus also delayed the transfer of the title.
Whilst awaiting the gazettal of the land and the transfer of the house title, NHC received a second contract of sale agreement between Mr Nessat and a company called Relco Niugini for K75,000 which was lodged through NHC Port Moresby, by a law firm on December 30, 2003.
Apparently, the matter between Relco Niugini and Mr Nessat had since been settled out of court.
The aggrieved Mr Kuk then took the matter to court for alleged breach of contract.
Nessat told the court that he decided to sell the house to another client because his agreement with Mr Kuk was taking too long and decided not to pursue.
He alleged that Mr Kuk had failed to meet his promise of relocating him and his family to one of his houses at Erima Street, Boundary Road.
Mr Kuk denied promising Nessat a house, while giving evidence in court yesterday.
Mr Nessat was represented by David Poka from Pryke and Jansen Lawyers, while Paulus Dowa of Paulus Dowa lawyers represented Mr Kuk.
Both lawyers were instructed yesterday to make the submissions on verdict next week.
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