Redcoco Properties Ltd v Eastern Highlands Savings and Loans Society Ltd [2012] PGNC 187; N4759 (22 July 2012)

N4759

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

WS NO.297 OF 2010

BETWEEN

REDCOCO PROPERTIES LIMITED
Plaintiff

AND

EASTERN HIGHLANDS SAVINGS & LOANS SOCIETY LIMITED
First Defendant

AND

PETER JOE
Second Defendant

AND

DAVID BRE
Third Defendant

AND

BEN BUNUK
Fourth Defendant

AND

ELSIE BILAM
Fifth Defendant

AND

WILSON ASAHA
Sixth Defendant

AND

MONBI AGUNAM
Seventh Defendant

Goroka: Ipang AJ
2012: 20 & 22 July

CIVIL LAW – Plaintiff seek proceedings to be dismissed and Summary Judgment to be entered – Order 12 Rule 38 (1) and (2) National Court Rules – Defendants' Cross- motion to be dismissed for failing to disclose reasonable cause of action in law – Order 12 Rule 40 (1) (a) National Court Rules.

Cases Cited
Nil

Counsel

Mr. P.Punau, for the plaintiff
Mr. A.Kuno, for the Defendants

22 June, 2012

1. IPANG AJ: The Plaintiff moved his motion filed on the 27th of March, 2012 seeking the following order:

(i) The proceedings be dismissed and Summary Judgment be entered in favour of the Plaintiff pursuant to Order 12 Rule 38 (1) and (2) of the National Court Rules.

(ii) The Cross Claim filed by the Defendants be dismissed for failing to disclose a reasonable cause of action pursuant to Order 12 Rule 40 (1) (a) of the National Court Rules; and

(iii) Costs

2. The Plaintiff relies on the affidavit of Elizah Haro sworn on the 21st March, 2012 and filed on the 27th of March, 2012. Elizah Haro's affidavit contains a thick annexure and I do not need to go through each annexure. Mr. Haro basically justifies his right to the property Section 25, Allotment 8, Goroka. He (E. Haro) is the registered proprietor of the said property.
   
3. Mr. A. Kuno, an Accountant by profession and the Chief Executive Officer (CEO) claims to represent the First Defendant and the rest of the Defendants. Mr. P. Punau of Counsel for the Plaintiff raised issue of "locus standi" for Mr. A. Kuno to represent the Defendants as the First Defendant has been in liquidation and a liquidator has been appointed. Unless and until the liquidator grants leave, Mr. A. Kuno cannot hold himself as to represent the Defendants as he has no standing.
   
4. The title that the plaintiff holds to the property Section 25 Allotment 8, Goroka is indefeasible title and has the protection of Section 33 of the National Land Registration Act.
   
5. I grant orders sought in the Plaintiffs motion in the following:
   
1. Summary Judgment entered in favour of the plaintiff and damages as to rental arrears to be later assessed and costs.

______________________________

Warner Shand Lawyers: Lawyer for the Plaintiff

Mr. A Kuno for the Defendants