NAMBAWAN Super has won a court case over ownership of large portions of land at Malolo Estate which were being claimed by a Port Moresby company to build a mini soccer stadium.
Nambawan Super has 218 blocks at the estate which are being developed in stages. Sixty-two blocks have been developed at stages one to four while the remaining 156 blocks are in the process of further development and are located at stages six, seven and eight.
The National Court declared Nambawan Super’s ownership of the land stating it has clear titles of the land described as section 144, allotment 137 to 162 Boroko; section 149, allotment 1 to 19 Boroko; section 150, Allotment 1 to 59 Boroko; and section 151, allotment 1 to 36, 37 to 53 Boroko.
These National Court orders stemmed from court proceedings filed by Nambawan Super last Aug 11 following civil and earth work by Hekari Holdings Ltd to build a mini soccer stadium.
Attempts to have them cease work were unsuccessful as they claimed they had title to the land which prompted the filing of the court proceedings.
Hekari Holdings and Eliap Tokana and Meki Tokana of the Dubara Idi clan were issued with permanent injunctions, which prevented their servants, agents, friends and or relatives from trespassing on the Malolo Estate.
Judgment was also entered for Nambawan Super for damages to be assessed for trespass and for the cost of restoring the land which has been dug up by Hekari Holdings Ltd with the assistance of Mr Eliap and Mr Tokana.
Nambawan Super managing director Leon Buskens said: “What Hekari Holdings Ltd produced as its title issued to Kutubu Security Services Pty Ltd was described as portion 3347, Granville.
“The registrar of titles claimed this as fabricated and the title was not recognised by the office of the registrar of titles.
“The court’s decision puts to rest any suggestions that the residential developments at Malolo Estate would be hampered by any land disputes.
“The next stage of the development is expected to begin after remedial work is done on restoring the survey plans and the earth work carried out by Hekari Holdings Ltd.
“Nambawan Super is committed to being part of the country’s housing solution and the court decision will now enable Nambawan Super to complete the development of the remaining 156 blocks, and also take some
lessons from the first 62 houses with affordability a key challenge,” Mr Buskens said.