By BOURA GORUKILA
THE Supreme Court has upheld an appeal by tenants of the Gordon Flats, George Kakas and 63 others, quashed a National Court decision of Feb 14, last year, and set aside the summary dismissal order of April 28, 2018.
The three-man bench comprising Chief Justice Sir Gibbs Salika, Justice Collin Makail and Justice Teresa Berrigan on Tuesday reinstated OS No. 98 of 2008: George Kakas and others versus NHC and others and fixed a direction hearing on the next available date.
Kakas and 63 others (appellants) claimed that the primary judge had failed to find that National Housing Corporation, Money Talks Ltd and Mathew Minape (respondents) had procured the title of the property by fraud.
They claimed that they were not given prior notice of the sale of the property.
The appellants are tenants of a property allocated for public housing purpose at section 97 allotment 30, Hohola.
It is also popularly known as the Gordon Flats and located opposite the Gordon Police Barracks.
Respondents alleged that the property was sold to Money Talks Ltd after the National Housing Corporation’s board meeting.
The appellants filed court proceedings in the National Court to challenge the validity of the sale of the property also claimed that the respondents conspired to fraudulently procure the title of the property.
The appellants also claimed that the respondents sought among others an order to quash the title of Money Talks Ltd.
The appellants did not diligently prosecute the proceedings and it was dismissed on July 19, 2009 for want of prosecution.
An application to set aside the dismissal order by the appellants was refused by the National Court which led to an appeal being filed in the Supreme Court on Dec 3, 2010 against the refusal of the application to set aside the dismissal order.
By BOURA GORUKILA