NHC, Dege broke Act, court rules

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A JUDGE yesterday ruled that Auditor-General Gordon Kega and his daughter Grace (plaintiffs) are eligible persons to purchase a property described as volume 5, folio 66, allotment 3, section 370 in Hohola, Port Moresby under the giveaway scheme as they are the legal tenants.
Justice Nicholas Miviri quashed the decision of then-managing director for National Housing Corporation John Dege, and National Housing Corporation (NHC) who sold the property on June 13, 2013 to Simon Jones Mondo, who is not an eligible person under section 37 (a) (b) (c) and section 38 (1) (a) (b) of the National Housing Corporation Act.
Justice Miviri said the decision by Dege and NHC to sell and transfer the property was in breach of the NHC Act.
“There has been error of law committed by Dege and NHC,” he said.
“The title to the property transferred to Mondo on July 14, 2016 from NHC is of no legal effect or null and void forthwith.
“A condition of tenancy was signed between Gordon and NCH in 1985 over the property.
“There was no tenancy agreement with Mondo entailing the latter.
“It is evident that Gordon and Grace have always lived on the said property and have paid off the remaining arrears.
“Therefore, judicial review is made out and granted and costs will follow the event.”
Justice Miviri made the ruling after the Kegas filed a judicial review application by way of a notice of motion through their lawyer Brian Boma, of Boma Lawyers, in 2018 to quash the decision of Dege and NHC.