Papua New Guinea's largest superannuation fund, Nambawan Super was last Friday granted leave to appeal before the National Court against the decision of the Lands Minister to forfeit a State lease it owned for 99 years.
The leave was granted pursuant to Section 142(2) of the Land Act 1996 for the plaintiff (Nambawan Super) to lodge an appeal in the National Court within 14 days.
This would be against the decision of the Minister Sir Puka Temu dated September 14 2009, and published in the National Gazette No G173 last September 17, forfeiting State lease described as Volume 19, Folio 62 over land known as Allotment 5, Section 429, Hohola, Port Moresby, In the national Capital District,
Presiding National Court Judge, Ere Kariko also ordered that pending the filing of the appeal, the Lands Department and its agents be restrained from taking any steps to deal with the State lease.
These orders were taken out by Nambawan Super Limited when it discovered that the Lands Department had decided to forfeit the lease it held since November 28, 1999, to its expiry date on November 27, 2095.
The plaintiff only "discovered" the forfeiture notice in the National Gazette by accident. They had not been served any such notice by the defendants, counsel for the plaintiff Gibson Geroro of Peter Allen Lowing Lawyers, submitted to court last Friday.
This bemused Justice Kariko. who asked : "Another mystery of the Lands Department?"
(See Previous Blog titled - Illegal Takeover of Prime Land - dated 14/10/2009)
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