More than 10,000 residents await eviction

Main Stories

By CHRISTOPHER YOWAT
MORE than 10,000 residents at Morata One in Port Moresby are awaiting their eviction after the Waigani National Court dismissed their appeal to stop it.
Justice Collin Makail dismissed the appeal after the court found that the respondent in the matter, Sixth Estate Ltd, had proof before the court as owner of the disputed land.
“Even if the ground on the expired urban development lease (UDL) is upheld, the State leases remained unchallenged and proof of the respondent’s title,” Justice Makail said.
“I found that justice has not been miscarried.”
The court heard that Otto Philip, for Kaevaga Land Group Incorporated of Baruni Village, was the first appellant and Romney Tengere for the Morata One New Block Association was the second.
The court heard that the appeal was made after an order from the district court on Nov 23, 2016 was issued to eject the appellants from the disputed land.
The court was told that Tengere and others lived on the land for over 30 years after they received consent from the customary landowners of the disputed land.
The court heard that a judicial review proceeding before the National Court was initiated by the appellants after they alleged that the title of the land was fraudulently obtained.
However, that proceeding was dismissed on April 25, 2014.
Another matter in relation to the customary ownership of the land was also dismissed at the National Court on June 18, 2015.
That decision was reviewed at the Supreme Court but was also dismissed.
The first respondent told the court that the UDL was issued for a period of five years for development.
The court was told that because it was a big piece of land, it was subdivided and new State leases were granted.
The respondent told the court that the UDL expired but it was superseded by the grant of individual States leases for residence on Nov 6, 2012, for 99 years.