Hohola land belongs to TST Group

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Hohola land belongs to TST Group

PORT MORESBY: The National Court has ruled that a piece of land in Hohola (Allotment 22, Section 250) in the National Capital District belongs to TST Development Ltd.

Judge Oagile Key Dingake then quashed Physical Planning Minister Justin Tkachenko’s decision to forfeit the TST Group’s property.

Details of yesterday (May 11, 2022)’s court proceedings were published by The National:

Land remains with TST Group

May 12, 2022The NationalMain Stories

A DECISION by Lands and Physical Planning Minister Justin Tkatchenko to forfeit a piece of land belonging to TST Development Ltd was quashed by the National Court due to notice being served to the wrong address.
Judge Oagile Key Dingake said that based on evidence, at the time of the forfeiture, the land situated at Allotment 22 Section 250 at Hohola in Port Moresby, was developed.
TST Development Ltd filed an application in the National Court appealing against Tkatchenko’s decision on Oct 9, 2017, to forfeit TST’s title to a State lease described as Allotment 22, Section 250, Hohola, National Capital District.
“With respect to the notice to show cause, I find that the notice to show cause was sent to the wrong address,” Judge Dingake said.
“The net effect of my findings of fact and the legal prescriptions referred to above, means in effect, that the forfeiture of the land in question was unlawful, and so I find.
“Having regard to the conclusion, I have reached on this matter, it is not necessary to consider or discuss the other grounds relied upon by the TST Development Ltd to set aside the forfeiture decision of Tkatchenko.”
Judge Dingake allowed the appeal and quashed Tkatchenko’s decision of Oct 9, 2017.
The court ordered the Registrar of Titles and secretary, Department of Lands and Physical Planning, to rectify and maintain their records on the Registrar of Lands to reflect TST Development Ltd as the registered lessee of the property within seven days for the order.
He also ordered that TST Development Ltd be notified through writing.
Judge Dingake also ordered that TST Development Ltd’s cost of the proceeding be paid by the respondents on a party to party basis.
He said the property was forfeited on two main grounds; that TST Development Ltd had failed to develop the property as required by the development covenant of the lease and that TST Development Ltd had failed to respond to the notice to show cause issued by Tkatchenko and Oswald Tolopa, acting secretary for the Department of Lands and Physical Planning.
TST Development Ltd’s position was that Tkatchenko and Tolopa were not entitled to forfeit the property. This is because it was developed by the time the forfeiture was effected.
“With respect to failure to show cause, TST Development Ltd contends that Tkatchenko and Tolopa sent the notice to the wrong address, and that as a result it does not constitute proper notice.
“Evidence also shows that TST Development Ltd became aware of the notice outside the required one month period and responded to it but was informed that the land had already been forfeited.
“It is common cause that the original title to the above piece of land changed hands on many occasions and TST Development Ltd eventually assumed title in 1994.”
In 2013, TST Development Ltd entered into a contract of sale with Global Customs Forwarding Ltd, but the sale was not approved by the minister.
It is a matter of record that Tkatchenko and Tolopa before triggering the forfeiture process, on or about Oct 9, 2015, carried out a physical inspection of the land in question for purposes of verifying whether it was developed as required by the lease covenant.
The physical inspection showed that the land was developed.

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