NCDC challenge dismissed

By BEVERLY PETER
THE National Court in Waigani has dismissed the proceedings of the National Capital District Commission against Sixth Estate Ltd over the Morata One land saying that the proceeding was filed outside the court’s time limitation.
NCDC filed a notice of motion against Sixth Estate Ltd alleging that the Morata One land title obtained by Sixth Estate was acquired through fraud and was illegal.
Acting judge Justice Gethrude Tamade at Waigani National Court yesterday when dismissing the case, said the proceedings by NCDC was filed outside six years’ time limitation and should be dismissed.
“To my view, the matter has passed the jurisdiction of the court and should not be in court,” she said.
“The proceeding is filed 10 years after the urban development lease (UDL) and nine years after 42 State lease was granted to Sixth Estate Ltd which is passed the jurisdiction timespan under section 16(1) of the Fraud and Limitations Act.
“The timespan between the cause of action and the date of notice of motion under jurisdiction is six years and the case has passed it and is a time barred.
“The UDL was granted to the Estate on Jan 26, 2011, and the 42 State lease on Nov 26, 2012.
“The cause of action challenging the grant of the UDL and State lease which comprised of land would start about Jan 26, 2011.”
Justice Tamade said the subject of Morata One land title had a history of several court proceedings.
“I have set out all nine proceedings on the subject but the commission was never a party in all of it,” she said.
Meanwhile, NCDC’s lawyer Moses Saka told The National outside of court that the settlers at Morata One were filing another proceeding against the eviction in the area and was pending in court.