Roman Catholic Diocese of Bougainville v Andise [2015] PGDC 18; DC3008 (19 November 2015)

DC3008

PAPUA NEW GUINEA
[In the District Court of Justice sitting in its Grade V civil Jurisdiction]

Complaint No: 36 of 2015

BETWEEN

ROMAN CATHOLIC DIOCESE OF BOUGAINVILLE
Complainant

AND

HENRY ANDISE
Defendant

Buka: Tasikul
2015: 19^th November

CIVIL LAW:

CASES CITED:

COUNSEL:
Appearing for Complainant: Tony Luwong as Administrator of the Dioceses
Appearing for Defendant: In person

JUDGEMENT

1. BTASIKUL: This matter came before me by a way of a summon upon complaint. The complainant is seeking eviction orders claiming that the defendant is illegally residing on her property. This property is referred to as section 29 allotment 2 within Hahela Mission Lease Portion 92, Minch Buka.
   
2. In support of the claim, Mr. Anthony Luwong who is the Administrator of the complainant filed an affidavit in which he annexes a true copy of the certificate of title which shows the subject land to being held by the complainant as a mission state lease. He initiates this process on the strength of that title document which in my humble view is proper and in order in that, proceedings.
   
3. Eviction proceeding under the Summary Ejectment Act Chapter No 202 are available as a "quick remedy to people who have clear title to premises" {See Herman Gawi -vs.- PNG Concrete Ready Mixed (PNG) Pty Ltd[1984 ]PNGLR 74per Kapi, DCJ as he then was) at p.78}
   

‘’Proceedings for recovery of possession of land under the Summary Ejectment Act ch. 202 are intended to provide a quick remedy to people who have a clear title to land or premises, they are not intended to be available where title to land is in dispute or unclear.

4. In the present proceeding the complainant through her agent Mr. Anthony Luwong in paragraph 3 of his affidavit deposed that the complainant is a registered Lease of the State Lease 21,161 in which a true copy of state lease is annexed as evidence.
   
5. The defendant in advancing his evidence testified that he was residing there on agreement between a Nathalie Sukaliana, who was allocated the portion referred as s.29 allotment 2;by the complainant .This evidence alone does not justify him residing on this property.
   
6. It is my humble view that there is evidence that the Complainant has a clear title over this property. There is further evidence that numerous notices have been sent to the defendant to vacate the said property and to date the defendant has failed to comply with these notices.
   
7. I therefore make the following orders:
   1. That the defendant together with his servants or agents are hereby ordered to give possession of the property referred to as section 29 allotment 2 within two months from today to the complainant.
      
   2. After two months from today a Warrant directing members of the Bougainville Police Service to enter, and use reasonable force if necessary into the property and to give possession of the property to the complainant.