Mark Agi John Lakani v Gabe Ovia Ikupu

• Jurisdiction: Papua New Guinea
• Citation: (2015) N6067
• Date: 28 August 2015
• Court: National Court
• Year: 2015

Full : WS NO 194 OF 2013; Mark Agi John Lakani for and on behalf of himself and for the living descendants of Igo Tau Lakani of Kwaradubuna Laurina Clan of Hanuabada v Gabe Ovia Ikupu and John Dege in his capacity as the Managing Director of National Housing Corporation and National Housing Corporation and Henry Wasa, in his capacity as the Registrar of Titles and Romily Kila Pat, in his capacity as the Secretary for Department of Lands and Physical Planning and Hon. Benny Allan sued in his capacity as the Minister for Lands and Physical Planning and The Independent State of Papua New Guinea and Richard Sinamoi and Tumnir Investment Limited Ninth Defendant (2015) N6067

National Court: Makail, J

Judgment Delivered: 28 August 2015

PRACTICE & PROCEDURE—Application to dismiss proceeding—Failure to give notice of claim to State—Failure to plead reasonable cause of action—Failure to plead particulars of fraud—Action time-barred—Claims By and Against the State Act 1996—s5—Frauds and Limitations Act 1988—s16(1)—National Court Rules—O8, r30.

Cases cited:

Julius Pololi v. Brian Wyborn (2013) N5253

Stanis Leda v. Stettin Lumber Company Limited (2011) N4542

Tau Gumu v. PNGBC (2001) N2288

William Maki v. Michael Pundia and PNG Motors [1993] PNGLR 337

RULING ON APPLICATION TO DISMISS PROCEEDING

28th August, 2015

1. MAKAIL, J: On 16th March 2013 the plaintiff representing himself and other members of the Kwaradubuna Laurina Clan of Hanuabada commenced this proceeding to set aside a title granted to the eight defendant in relation to a piece of land described as State Lease Volume 38 Folio 9643 being Allotment 15 Section 46, Granville in the National Capital District.

Background Facts

2. The land is located at Hanuabada village in Port Moresby. The State Lease over Allotment 15 Section 46 was first granted to the third defendant on 05th August 1981. The third...