Court stays eviction order

 By JENNIFER NKUI
THE Supreme Court has stayed the eviction of people living on Paga Hill, in Port Moresby, pending an appeal they had filed.
Justice Elenas Batari, sitting as a single Supreme Court judge, stayed the eviction order issued by the National Court in January to people living on Paga Hill.
The Paga Hill Development Company is the leaseholder and wants to develop the property.
Paga Hill residents Lloyd Sepuna, Allan Pingah, Francis Nianfop and 33 tenants of the Paga Hill National Housing Corporation Hostel had asked the Supreme Court to stay the order.
The matter will be heard on May 1.
They are arguing that while they live on Paga Hill, they are tenants of the National Housing Corporation and not illegal settlers.
Their lawyer told the court that they were legal tenants who had a valid lease agreement and were paying rentals to the NHC.
Lawyer Ian Raymond Shepherd, representing Paga Hill Development Company, told the court that the argument was not raised in the National Court when it earlier dealt with the eviction case.
“Accordingly, Justice Derek Hartshorn could not have erred either in law or in fact with respect to these matters as it was not an issue that was before him,” Shepherd said.
Hartshorn on Jan 29 ordered settlers at Paga Hill to vacate the land within 45 days.