Court orders businessman to stop evicting settlers on land he bought

THE National Court has ordered a businessman to stop evicting settlers living on the land he bought nine years ago, pending the court’s decision on an interim order.
Judge David Cannings gave the orders on Monday after the businessman, Mendardo Lucido, and his wife Merele constructed a fence around the property, resulting in William Tokona, the lead plaintiff, and settlers filling an application for a breach of court orders.
The piece of land, potion 2613C at the ATS settlement in Port Moresby, was home to more than 20 settlers.
The interim order was taken out by Tokona in October to restrain Lucido from evicting them or building any infrastructure on the land. However, there were previous evictions.
The court heard the interim order was also to stop Lucido from engaging police officers from conducting any eviction exercise. Those orders were given on Dec 24. It included that Lucido the defendant was not to carry out further eviction pending the court’s decision.
The land was bought by Lucido in 2007 from a customary landowner named Joe Gabutu for K400,000.
Gabutu subdivided the land and gave potion 2613C to Lucido on a formal sales of purchase agreement. On Sept 28, 2008, the Lands Department issued the title to Lucido.
Tokona disputed the title, claiming that he was the customary landowner and not Gabutu. The matter was brought to court in 2009.
The case continues on Jan 30 for the decision on the interim orders.