Court refuses settlers’ request for more time to remove houses

FORTY settlers at 14-Mile, Port Moresby, who filed an application to join the proceedings of Willie Keaka and Foxie Keaka on behalf of the Behori Land Group Incorporated had their application refused last Thursday.
The amended stay application was deliberated upon by Justice Colin Makail.
The appellants asked the court in their submission to grant a stay order and they be given one year to remove their houses.
The submission to grant a stay was refused by the court.
Justice Makail, in a summary of his ruling, stated that:

• THERE are two types of land; customary land and a state lease. The land was a state lease and so if one did not have a title he/she could not remain on the land. Where there is no title the chances of success in the Supreme Court were slim;
• THE appellants were given notices two years ago but they chose to file multiple proceedings in the National Court. The proceedings relate to breaches of human rights, however the respondent’s title had not been questioned and so it stood and had to be given effect to:
• LAWYERS needing to advise their clients on what the law was; and,
• IF Deputy Chief Justice Ambeng Kandakasi and Justice David Cannings had found that the respondents had titles, he (Justice Makail) could not decide otherwise. The refusal of the appellants’ amended application for a stay on Justice Kandakasi’s orders means that the orders can now be fully enforced again.
  Last month, Justice Kandakasi ordered that the motion filed by defendant National Capital District Commission on Sept 21 for dismissal of the proceedings was granted and the entire proceedings dismissed.