Court: Prove evictees were warned

THE National Court has directed a company which owns the land where a group of squatter settlers were recently evicted from, to provide evidence that they had beenserved eviction notices beforehand.
Acting Judge Emma Wurr made the ruling yesterday in the case filed by the National Capital District Commission (NCDC) and Romney Tengere, on behalf of the squatter settlers, against Sixth Estate Ltd, the owner of the land at Morata One.
The NCDC and the settlers want to have the restraining orders issued on Saturday (Oct 15) to police and the company to stop the eviction, maintained, pending the substantive case.
NCDC lawyer Moses Saka argued that the eviction carried out by the company and police was unlawful as the Supreme Court order handed down on Feb 26, 2020 did not say anything about evicting the squatters.
It only gave effect to the District Court order of March 23, 2016.
Saka told the court that Sixth Estate Ltd should have gone back to the District Court to get a warrant to enter and possess the property.
Saka said the Supreme Court gave the settlers until March 26, 2020, or an earlier date, to vacate the land at Morata One. It meant that the eviction took place without a valid warrant.
The Sixth Estate lawyer argued that the restraining order handed down on Oct 15 should be set aside given that the title was given to his client on Jan 26, 2011.
However, since 2012, court battles had prevented the company from using the land it owned.
Acting Judge Wurr questioned why there was a delay in effecting the eviction given that the district court order was issued in 2016, and whether the eviction was lawfully carried out.
The Sixth Estate lawyer said the delay was due to the number of court proceedings filed against the company.
Acting Judge Wurr said the court needed to be satisfied that the eviction was carried out lawfully, so that the restraining orders could be set aside.
She ordered that the evidence she wanted be filed by today.
The interim orders of Oct 15 will remain.
The case returns next Friday.