National Housing Corporation v Yohang [2017] PGDC 7; DC3028 (9 October 2017)

DC3028
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS GRADE FIVE CIVIL COURT JURISDICTION]

GFCi: 14of 2017

BETWEEN

NATIONAL HOUSING CORPORATION

Complainant

AND

MATILDA YOHANG

1^stDefendant

MILLIE FEKA

2^nd Defendant

AND

STEVEN KIMAS

3^rd Defendant

Goroka: R. APPA, PM

2017: September 14
October 9

CIVIL –

Cases Cited:
Nil
-2-

References:
Nil

Counsels:

Lawyer for the Complainant, Roslyn Kot, AvRoss& Co. Lawyers

Lawyer for the Defendant, Mr. Amoiha, Javati Lawyers

09^thOctober, 2017

DECISION OF THE COURT

R. APPA, PM: This is an eviction case pursuant to section 5 and 6 of the Summary Ejectment Act. The property was described as section 38, Allotment 16, town of Goroka.

2. On record, it was the second defendant who lodged proceeding under D/C No. 09/16 over the same property for restraining orders but it was rejected since she had no legal standing.

3. National Housing Corporation took out proceedings against the three defendants who were family related in this present case D/C No. 14/16.

4. The case was kept in abeyance for sometime until reactivated and notice was duly issued and served on the defendants’ lawyer but no one turned up so case proceeded ex-parte.

5. The complainant’s case was that the defendants have fell into rental arrears up to over K30, 000.00 and made no attempt to pay up after giving several notices so there was clear breach of tenancy agreement. The N.H. C. relied on the affidavit of former NHC branch Manager Mr. Captain Joe Rice filed on 28/01/16. There was no defence ordefence affidavits filed for this case.

6. Court had considered and applied the spirit and intent of Section 6 of the Summary Ejectment Act to grant the redress sought for. The N.H.C under the Government policy was entitled to repossess the property where there was breach of tenancy agreement.

Orders:

It is ordered that the named defendant their agents and associates give up possession of property described as Section 38, Allotment16, town of Goroka to the NHC within seven days from date of service of the orders.

Failure to comply will result in the use of Police Force.

Dated this 09^th day of October, 2017 at Goroka.

Counsels:
-3-

Lawyer for the Complainant, Roslyn Kot, AvRoss& Co. Lawyers

Lawyer for the Defendant, Mr. Amoiha, Javati Lawyers