The National Court made the declaration in a Human Rights proceeding, that the Agriculture Lease, transferred to William Onglo is a case of fraud and will be subject to further court hearing.
The case over an area of 4 hectares at nine mile, was made the subject of a 99 year Agriculture lease in 1988, granted to the Nine Mile Farming Business Group Incorporated.
In 2013 the Lease was transferred to William Onglo. Ben Titi, Ken Gaso and 12 other persons, who claim to be long-term occupiers of the land, filed the case, disputing the transfer title.
They claim that the circumstances leading to Onglo becoming the registered proprietor were irregular and suspicious and amount to a case of constructive fraud.
They asked the court to declare and order that Onglo’s title is null and void and the Agricultural Lease be held in constructive trust by the Registrar of Companies pending re-registration of the business groups involved with the land.
The court was satisfied Ben Titi and the other long-term occupants of the land proved their case that the transfer of the Agricultural Lease was a case of constructive fraud as the circumstances of the transfer, including the change in name of the original registered proprietor without their knowledge or consent which tantamount to fraud.
Justice David Cannings ordered the transfer of 20 September 2013, of the Agricultural Lease over Portion 957, commonly known as Morobe block, a case of fraud.
Further hearing of the case will take place at a later date while a restraining order against the eviction of the Ben Titi and others remains in effect.