Court sets aside order

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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.

4 comments

  • Corruption is at its best. People with money are going around bribing officials at their work place in order to get what they want. Place officials with good and honest principles at important positions in the NHC and Lands departments. I see a lot of blocks of land and houses going to corrupt people free of charge. NHC must retrieve all government land titles with houses and investigate and you will dig up a lot of the mess created by people who were there before the current housing minister.

  • NHC officers highly corrupted on one hand and on the other hand public servants occupying NHC property docent border to make simple maintenance like painting, replacing fly wires, louver blades etc. These property are becoming another eye sore in and around cities. Above image is one in a million worse case. If you think you are a genuine tenants, well show it. Maintain and apply for title. Otherwise, your laziness portray that you are not qualify to own a house or even build one for yourself.
    (Home builder & Owner)

  • I though it was a picture of one of BSP’s first homes.
    Did the APEC delegates stay at there in 2018?
    A disgrace and a very sad reflection on the elites of Waigani who possibly often drive by their fellow citizens’ living in theses homes
    If it is legally Money Talks Ltd property then why haven’t health inspectors and/or NCDC prosecuted them over the years for allowing the unhealthy conditions of the tenants?

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