On Wednesday, 26 June 2024, The Supreme Court dismissed three (3) Supreme Court Review Applications filed by illegal squatters of Portions 2156, 2157 and 2159, and ruled in favour of Nambawan Super Limited (NSL).
The Supreme Court applications filed in May 2024, sought leave (permission) to review a previous decision of the National Court in 2020, which found Nambawan Super to be the rightful owner of the Land Portions 2156, 2157 and 2159 at Bushwara.
In dismissing the application, the Supreme Court on Wednesday 26 June 2024, found that;
- The squatters failed to demonstrate cogent and convincing reasons or exceptional circumstances to warrant a review.
- There were no clear legal grounds (arguable case) to merit a review.
In handing down the decision, the Court stated that is was not satisfied that any exceptional circumstances exist showing a manifestation of substantial injustice. The indefeasible titles of the respondents (Nambawan Super) have not been challenged and are not challenged. The applicants do not have any titles to the land than Nambawan Super. It was therefore not in the interest of justice to grant leave to review to the squatters.
The outcome of the Supreme Court's decision over the three (3) Land Portions reaffirms Nambawan Super's ownership to the lands. This is a positive outcome for the 228,319 Members who have been waiting for a long time to have their property freed up for their collective benefit.
Nambawan Super has followed all legal requirements to lawfully secure the titles of its Land Portions. The Court's dismissal allows the Sheriff's Office together with the Royal Papua New Guinea Constabulary (RPNGC) to proceed with executing the Eviction Order for Portions 2156, 2157 and 2159, to secure vacant possession and return to NSL who own the land in trust, on behalf of its 228,319 Members.
NSL wishes to inform all stakeholders, including all illegal squatters at Bushwara, that while reports have been circulating that the office of the Governor of NCDC is in discussions with Nambawan Super to seek solutions for all the squatters, these negotiations ended on the 14 of March 2024, when Nambawan Super successfully refreshed its National Court Orders for vacant possession for all the Land Portions.
In that regard, the Sheriff's Office and RPNGC will proceed with the evictions in compliance of the Orders of the Court.
Illegal squatters on these Land Portions who have been granted a 120-Day grace period are reminded that this period will end on Wednesday, 10 July 2024. The Eviction Exercise will commence on Thursday, 11 July 2024.
NSL requests the support and cooperation of all stakeholders, to ensure the carefully planned Bushwara Eviction Program for Portions 2156, 2157 and 2159 is implemented in a safe and peaceful manner. All illegal squatters are strongly urged to immediately dismantle their personal property and voluntarily vacate with 14 days remaining. As a Trustee, Nambawan Super Limited cannot use Members' funds to assist Squatters. Those who would like assistance should speak to the Police located at the Site Office at Bushwara.
For more information about the site contact Nambawan Super: 9mile@nambawansuper.com.pg
