Court dismisses firm’s appeal

By BOURA GORUKILA
A FIRM who had filed a judicial review appeal against a decision of a former state minister regarding a portion of land in Port Moresby, had their case dismissed by the National Court for having no “merit in law and fact”.
Justice Nicholas Miviri dismissed the appeal by JPH Properties Ltd over the decision of then lands and physical planning minister Benny Allan, who forfeited its State lease over Section 20, Allotment 4, Boroko, National Capital District.
Justice Miviri ruled that the improvement condition by the Land Act had not been fulfilled in respect of the subject land.
He said JPH Properties Ltd had failed to comply with a show cause notice dated May 23, 2014, under Section 122 (2) (a) of the Land Act.
He added that the lease rentals remained due and were unpaid for more than six months.
Allan and his delegate, Luther Sipison, published their decisions twice in gazettal notices in 2015.
“Opportunity was accorded in law to JPH Properties Ltd before the forfeiture,” Justice Miviri said.