Nambawan Super wins land case at Malolo Estate

Nambawan Super has won a court case over ownership of large portions of land at Malolo Estate, near Port Moresby which were being claimed by a local company to build a mini soccer stadium.

The National Court has declared Nambawan Super’s ownership of the land stating it has clear titles of the land described as Sections 144, Allotments 137 to 162 Boroko, Section 149, Allotments 1 to 19 Boroko, Section 150, Allotment 1 to 59 Boroko and Section 151, Allotment 1 to 36, 37 to 53 Boroko.

Managing Director of Nambawan Super, Mr Leon Buskens said;

“The National Court made the orders following an application for summary judgment by Nambawan Super on Tuesday 16 March 2010.

“These National Court Orders stem from court proceedings filed by Nambawan Super on 11 August 2009 following civil and earth works by Hekari Holdings Limited to build a mini soccer stadium. Attempts to have them cease work were unsuccessful as they claimed they had title to the land which prompted the filing of the court proceedings”.

Hekari Holdings Limited and Eliap Tokana and Meki Tokana of the Dubara Idi Clan were issued with permanent injunctions, which prevented their servants, agents, friends and or relatives from trespassing on the Malolo Estate particularly the allotments described above.

Judgment was also entered for Nambawan Super for damages to be assessed for trespass and for the cost of restoring the land which has been dug up by Hekari Holdings Ltd with the assistance of Messer’s Eliap and Meki Tokana.

Mr Buskens said; “What Hekari Holdings Limited produced as its title issued to Kutubu Security Services Pty Ltd was described as Portion 3347 Granville. The Registrar of title claimed this as fabricated and the title was not recognized by the office of the Registrar of titles.

“The Court’s decision puts to rest any suggestions that the residential developments at Malolo Estate would be hampered by any land disputes. The next stage of the development is expected to begin after remedial work is done on restoring the survey plans and the earth work carried out by Hekari Holdings Ltd.

“Nambawan Super is committed to being part of the country’s housing solution and the court decision will now enable Nambawan Super to complete the  development of the remaining 156 blocks, and also take some lessons from the first 62 houses with affordability a key challenge ."    
 Nambawan Super has 218 blocks at the Malolo Estate which are being developed in stages. Sixty two blocks have been developed at stages one to four while the remaining 156 blocks are in the process of further development and are located at stages six, seven and eight.