Residents allowed to seek redress for damaged homes

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By HEZRON KISING
MORE than 350 residents in a Port Moresby suburb are seeking damages from the State for the damage done to their homes 12 years ago when they were evicted from the land they had lived on for more than 30 years.
The 377 residents of section 477, allotment 11, 12, 13 and 14 at Boroko in the National Capital District, were relieved and delighted yesterday when the National Court refused an application to dismiss the proceedings on human rights grounds and referred the matter for trial to determine the legality of title.
The residents were evicted from the land in 2006 and 2016 by Bluegrass Ltd that claimed to have the legal title to it.
Waigani National Court judge Justice Jim Wala Tamate ruled that there were some reasonable cause for action pleaded by lead plaintiff Tony Kagl and 376 other residents regarding breach of their human rights as a result of alleged eviction conducted on August 7, 2016 by police upon an eviction notice obtained from the district court.
The court ruled that there were some allegations of fraud that had emerged which needed to be proved so it is only proper the matter should proceed to trial.
Evidence showed that the land in question was vacant, which raised the question as to who was the legal owner, the court heard.
There was the issue of legality of transfer of land and whether there was a contract of sale between TST Holdings Ltd and Bluegrass Ltd. The legality will determine whether the eviction was lawful and based on a feasible title that had been produced in the district court in order to obtain the eviction order.
There was evidence of the residents (plaintiffs) living on the land without any eviction effected by Toreisi Ltd, TST and Bluegrass Ltd on them previously which indirectly had allowed them to continue occupying the land for many years which raised the issue of equitable interests by them.
Francis Baundo, the plaintiff’s lawyer, said the residents had been living there for more than 30 years.
Kagl was the incumbent caveat holder (registered under his name) on behalf of himself and 376 other residents.
“The caveat has not been revoked or set aside and is effective. Therefore, as far as Kagl is concerned, we (the residents) are the acquit-able title holder of the land pending formalisation towards attaining the legal title. These are the facts as far as the Constitution is concerned,” Baundo said.