Long-term settlers entitled to notice

The National Main Stories

By KARO JESSE
A RECENT ruling by the Supreme Court has confirmed that unauthorised settlers attain an equitable interest in the land they occupy by virtue of long-term occupation and without objection, are entitled to reasonable notice by a legal owner before being required to leave.
A three-man bench comprising Chief Justice Sir Gibbs Salika, Justice Collin Makail and Justice Teresa Berrigan affirmed that principle on Dec 17 in a ruling of an appeal filed by managing director of Macata Enterprise Tom Amiau.
Amiau filed the appeal after his company Macata Enterprise was found liable in negligence and breach of human rights for the eviction it conducted with the assistance of police on Waigani Arts Centre settlers, occupants of a State lease land portion 1564, volume 23, folio 86, Granville, Port Moresby.
The eviction was conducted between March 7 and 11, 2013.
The appeal was filed against Thomas, Yalbee, Wilson Kuyako, Ben Lunge on behalf of 155 others as first respondents; Insp Perou N’dranou as second respondent; commander of Gordon police station Snr Const Hanson Tokalia as third; former police commissioner Tom Kulunga as the fourth respondent and the State as the fifth respondent.
Amiau was seeking to find out whether unauthorised long-term occupants of state land held any interest in the land and were entitled to reasonable notice prior to eviction.
He filed the appeal on four main grounds claiming that the trial judge erred in finding:

  • Macata Enterprise liable in both negligence and breach of constitutional rights when only 10 out of 158 plaintiffs (first respondents) gave evidence;
  • 158 plaintiffs were illegal settlers and not invited on the state land;
  • Macata Enterprise did not plead duty of care in its statement of claim over the 158 settlers;and,
  • Liability against Macata Enterprise for breach of constitutional rights when evidence established otherwise.

The judges dismissed the appeal but quashed the findings of liability against Amaiu and his company for breaches of section 36 (protection of the law) and section 53 (unjust deprivation of property) of the Constitution because the provisions did not apply to a private company. The judges upheld the findings by the trial judge that Macata Enterprise was liable for negligence and breach of human rights.
The judges found that Macata Enterprise effected the eviction order on settlers that were not entitled to order of eviction.
Macata Enterprise, as the registered proprietor of the state leased land, filed proceedings against Kelly Palleyo and others, seeking orders to evict them from the property.
On Oct 22, 2012, the National Court order directed police to remove Kelly Palleyo from the property.