Pondo [Ponda] and Kombo for Mt Hagen Young Men's Christian Association Inc v Mamun Investments Pty Ltd, Noah Warekia, Kala Swokin, and The Independent State of Papua New Guinea [1991] PNGLR 337

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 06 September 1991
• Court: National Court
• Citation: [1991] PNGLR 337
• Year: 1991
• Judgement Number: N1004

Full Title: Pondo [Ponda] and Kombo for Mt Hagen Young Men's Christian Association Inc v Mamun Investments Pty Ltd, Noah Warekia, Kala Swokin, and The Independent State of Papua New Guinea [1991] PNGLR 337

National Court: Woods J

Judgment Delivered: 6 September 1991

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

PONDA AND KOMBO FOR MT HAGEN YOUNG MENS CHRISTIAN ASSOCIATION INC

V

MAMUN INVESTMENTS PTY LTD

AND NOAH WAREKIA

AND KALA SWOKIN

AND THE STATE

Mount Hagen

Woods J

7 August 1991

6 September 1991

REAL PROPERTY — State land leases — Special purposes lease — Transfer — Burden of special purpose runs with land — Land Act (Ch No 185).

VENDOR AND PURCHASER — Sale of land — Special purposes lease — Burden of special purpose lease runs with land — Land Act (Ch No 185).

Held

The burden of the specific purposes of a special purposes lease under the Land Act (Ch No 185) runs with the land and is binding on a purchaser of the land.

Cases Cited

Mudge v Secretary for Lands [1985] PNGLR 387.

Papua New Guinea Air Pilots Association v Director of Civil Aviation and Air Niugini [1983] PNGLR 1.

SCR No 4 of 1980; Re Petition of M T Somare [1981] PNGLR 265.

Application

This was an application pursuant to s 155 of the Constitution, for, inter alia, declarations as to the validity and effect of the sale of land the subject of a special purposes lease under the Land Act (Ch No 185).

Counsel

M Maladina, for the applicant.

P Dowa, for the first and second respondents.

Cur adv vult

6 September 1991

WOODS J: This is an application under s 155 (4) of the Constitution and the applicants are seeking declarations:

(1) that the sale of property namely section 13, allotments 1 and 2, Mt Hagen is invalid and of no legal affect;

(2) that the property section 13, allotments 1 and 2 is a special purpose lease and therefore at law is not eligible for sale for commercial or business purposes;

(3) that the sale of the subject property is invalid and be declared null and void and of no legal effect.

This application has come by way of s 155 (4) of the Constitution. The National Court of Justice is a court with wide ranging powers and this includes the power to grant declaratory orders. Section 166 (1) of the Constitution emphasises this by saying "subject to this Constitution the National Court is a Court of unlimited jurisdiction". And the court's power to make declaratory orders is given by s 155 (4) of the Constitution:

"Both the Supreme Court and the National Court have an inherent power to make, in such circumstances as seem to them proper, orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case."

To seek relief from the court under s 155 (4) it is of course necessary for the applicants to substantiate their standing to come before the court, they must have locus standi. However to decide that it is necessary to go into the history of this matter.

The subject matter is a special purposes lease under s 70 of the Land Act (Ch No 185) registered as State Lease, vol 48, folio 16. It was issued on 30 September 1971 over lots 1 and 2, section 13, Mt Hagen for a period of ninety-nine years from 20 August 1970 and the main term and condition was that...