Court rules land deal a fraud

THE Waigani National Court has declared that an agricultural lease over land portion 957 at 9-Mile in Port Moresby, known as Morobe Block, was obtained by a man through fraud.
Judge David Cannings upheld declarations and orders sought by the lead plaintiff Ben Titi and 13 others, that the title held by William Onglo, the first defendant in the matter, was null and void.
The court held that the plaintiffs were long-term occupiers of the land, and had an equitable interest in it.
“They did not lack standing and were not mere invitees or strangers,” Justice Cannings said.
The court found that the transfer of the agricultural lease to Onglo was “a case of constructive fraud”.
Justice Cannings held that the transfer included a change in name of the original registered proprietor without the knowledge of the plaintiffs, were so unsatisfactory and irregular that it was tantamount to fraud, warranting the setting of the transfer of title.
Justice Cannings held that all the first defendant’s arguments in support of the cross claim had been incorporated into their defence to the plaintiffs case.
“He was unable to prove any ground on which the cross claim was based.
“Besides that, nothing was admitted into evidence of the first defendant. The cross failed.”