NHC told to pay court fees

THE National Housing Corporation (NHC), which transferred a land title to various parties, has been ordered to pay the cost of the court case filed by one of them.
Justice David Cannings in the National Court said the NHC had failed to take part in the proceedings.
“The NHC shall bear the cost of the proceedings of the three other defendants due to its failure to take part in the trial,” he said.
The case was filed by John Wauwe, a former department head, against the NHC and three others.
He had requested the court to give to him the title of the land known as Section 34, Allotment 12, Granville in Konedobu, Port Moresby.
He had occupied that land from1980 to 2014 when he was included in the Morgan Scheme under the NHC.
He offered to pay K15,267.63 to buy the property. He claimed that he made the payment in 1985 but the land tittle was not given to him.
The NHC instead entered into another contract with one Alphonse Moroi in 2007 who moved in to the property in 2014.
Then the NHC, without transferring the tittle to Moroi, entered into another contract with one Robert Kapaol and transferred the land tittle to him in 2008.
Kapaol then entered into another contract with True Vision Investment Ltd in 2014 and transferred the tittle to the company.
Wauwe claimed that the land tittle was acquired by fraud as he had met all the requirements to be given the tittle but was not.
Justice Cannings said he found no illegality or irregularity in the registration of the transfer of the tittle to True Vision Investment Limited.
“It is by law that the registered owner of any property is absolutely free from all problem except in the case of fraud.
“Even if Wauwe’s allegation of him fulfilling all conditions under the Morgan Scheme for the title to be transferred to him, different contracts of sale of the same property to Moroi and Kapaol are genuine.”
Justice Cannings said there was no evidence that the contracts were fraud.
“This shows that Wauwe’s case had failed and there is no basis for granting to him any of the relief he seeks.”