Court orders tenants to be evicted from house

National, Normal

The National – Tuesday, June 28, 2011

THE Lae district court last  Tuesday issued an eviction court order on occupants claiming section 104 lot 10 property on Cormorant Street in Lae city, Morobe.
The home owners, Mark and Muging Sands, took out a court order after learning that their son, Stanley Sands, had sold the place to the defendants, Richard and Nauna Tau in 2004.
The defendants claimed they had paid K40,000 to Stanley and were the rightful property owners. 
The state lease owner’s copy says “the successful lessee shall not enter into any agreement or transaction to sell, lease or sub-lease wholly or any part of the said land the subject of this land prior to complying with the improvements conditions as stipulated therein”.
A state lease under section 92 of the Land Act 1996, the portion having 0.1011ha is a 91-year lease under Mark Frederick and Muging Sands as joint tenants.
The Sands applied for the land and got the title when Murewe Zurenuoc was the Morobe provincial lands and physical planning adviser in 1977.
The Sands and his in-laws developed the land into a family home and lived there until Mark moved to Australia in 1993 and Muging followed Mark, her husband, in 1999.
“No rightful authority or agreement whatever was given to Stanley as the owner. He was left to reside there as the custodian of the family property,” Muging said.
However, in 2004, Stanley brought in the defendants who live there and claim the property. 
When the plaintiff took out an eviction order, the defendants took out a restraining order.
The court battle continued until last Tuesday, when Lae District Court magistrate Sasa Inkung affirmed the clauses 1 and 2 of the exparte order of Jan 5, 2009, and dismissed the exparte order of May 25.
The court ordered the defendants, their associates, representatives, agents and relatives to return the key of the property to the Sands who are the legal property owners.