This was the order of the Waigani National Court when it refused reliefs sought in a proceeding filed by a couple, Jack and Maria Lus, and dismissed their case. The court also dismissed a stay order issued by the court against their eviction, dated 31 Dec, 2013.
Justice David Cannings today ordered that they vacate the property, section 66, Allotment 52, Maragi Place, by 12 noon of Feb 24 at their own cost.
They were also ordered to leave the land and any improvements they did on the building, despite the couple maintaining the property and paying rent themselves over the years.
Failure to comply with these orders will result in NBC and Police stepping in to remove them from the property.
Justice Cannings issued these orders after he found that NBC holds the indefeasible title to the property and any property vested on the commission land is registered under the Land Registration Act.
The court also found that the corporation’s failure to maintain the property has no effect on the property’s title and so is the corporation’s failure to pay rent over a long period.
In 2009, NBC asked the couple to vacate the property however, they refused and instead commenced a (prior) proceeding in the National Court, claiming refund of rent. They allege that they get paid because the NBC had not maintained the property or paid rental.
Judgement was given in their favour in the sum of K11,756 in 2009 and further attempts by NBC to evict Jack and Maria Lus led to them commencing this current proceeding, where they sought declaration from the court that they own the property.