Hi Lift Company Pty Limited v Miri Setae, MBE, Secretary Department of Agriculture and Livestock and The Independent State of Papua New Guinea (2000) N2004

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [2000] PNGLR 80
• Date: 17 November 2000
• Year: 2000

Full Title: Hi Lift Company Pty Limited v Miri Setae, MBE, Secretary Department of Agriculture and Livestock and The Independent State of Papua New Guinea (2000) N2004

National Court: Sevua J

Judgment Delivered: 17 November 2000

1 Real Property—Indefeasibility of title—Effect of breach of statutory provision and irregularities on registered title—Tantamount to fraud—Affects indefeasible title.

2 Mudge v Secretary for Lands (1985] PNGLR 387, Emas Estate Development Pty Ltd v John Mea (1993] PNGLR 215 (majority view applied) and Steamships Trading Co Ltd v Garamut Enterprises Ltd (2000) N1959 referred to

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Sevua J: This is an action for possession of land which was transferred to this Court from the Port Moresby District Court.

A brief factual background is necessary for limited purpose only. The plaintiff had filed a complaint in the Port Moresby District Court on 18 October, 1999 (Complaint No 2745/1999) seeking an order for possession of land described as Portion 2413 Milinch Granville, Fourmil Moresby, Volume 20, Folio 85, which land is located at Konedobu in National Capital District.

By order of Senior Magistrate, Iova Geita, this proceeding was transferred to this Court on 9 June 2000 because the title to that land was in dispute. The order for transfer of proceedings was made pursuant to s24 of the District Courts Act. The issue in respect of title is therefore to be determined by the National Court as the District Court lacks jurisdiction, and the presiding magistrate quite correctly referred to s21(4)(f) of the District Courts Act.

By way of historical background, the Department of Agriculture and Livestock (hereinafter referred to as DAL) had occupied part of Portion 2413 since 1985. On 27 August 1993, the Department of Lands granted a Business (Light Industrial) Lease to the plaintiff at Waigani described as Section 38, Allotment 14, Hohola. Unbeknown to the Department of Lands, that lease had previously been issued to Tabudubu Pty Limited. The grant to the plaintiff created a double allocation or grant of the one lease. The Lands Department subsequently revoked the grant of Section 38, Allotment 14, Hohola to the plaintiff.

On 8 July 1998, the plaintiff was granted a lease over Portion 2413, which was originally zoned Public Institutions, and was previously, and up to–date, occupied by Department of Agriculture and Livestock. There is no dispute that DAL has always occupied this property even up to and including the date of grant of the lease to the plaintiff. On 11 June 1999, the plaintiff issued a notice to quit and served it on the first defendant. Since then the first defendant has objected to the rezoning of this property by the National Capital District Commission Physical Planning...