12:35 AM
Papua Travel
An eviction notice has been served to 20 families residing at Leasehold Title No. 12/0923/094 located in the Club Hippique area.
This was conveyed in a letter dated 10th of June, by Molbaleh and Taiva Lawyers Limited (Ltd), acting on behalf of Pierre Chanel Hocten.
According to the lawyers, the notice follows a “Judgment on Application” dated 1st of March 2024, which mandated the immediate vacation of Leasehold Title No. 12/0923/094 by the residents. The letter made it clear that failure to comply could result in enforcement action by the sheriff of the court and the police.
Mr. Eric Molbaleh, representing Mr. Hocten, stressed the urgency of the matter, stating that all affected parties were required to have vacated the premises by now. The legal team has provided a copy of the judgment alongside the notice for reference.
Residents are urged to adhere to the eviction notice to avoid legal repercussions. Molbaleh and Taiva Lawyers Ltd expressed their gratitude for understanding in this sensitive legal process.
This follows on a Supreme Court hearing dated 5th of May 2024, where it is stated that the failure of the First Defendants, (the 20 families), is to present a case in a way capable of success is the reason for the determination of these two applications against them.
In essence, two key points are raised: The piece of land was sold before the man (not named in the court document), whose estate was managed by Hocten’s mother, passed away. Additionally, the 20 families bought the land by paying money to someone they believed worked for a company the deceased was connected with.
The deceased, as conveyed to the Vanuatu Daily Post, is Mr. Henri Ouchida, Managing Director of Laho Ltd. Another unnamed person, to whom the 20 families gave money and who was believed to work for a company associated with the deceased (Mr. Ouchida), is a former Member of Parliament (MP) for Paama, as relayed to the Vanuatu Daily Post.
“The individual to whom money is said to have been paid is not called to give evidence nor any form of payment receipt and there is a concession from the First Defendants (20 families) that nothing was done to formalise this purchase. Even if the relevant documents were presented in a form capable of proving what they purport to say, the First Defendants would face a difficult task to show that they had in fact a completed purchase of the land in question against whom there could not be an indefeasible title granted under the Land Leases Act,” the Supreme Court stated.
One of the victims, who chose to remain anonymous, said they bought the land in 2005 from the former Paama MP.
“The purchase from Laho was incomplete; after buying the land, one must pay for the transfer to obtain the title of the plot on which we reside. Many others bought land from Laho, but this individual (former MP) bought and subdivided the land. Initially, everything seemed fine, and we proceeded to build houses,” the victim told the Vanuatu Daily Post.
“Our lawyer visited the Lands office, but there was no record of our purchase. Consequently, it was decided that the person who pays for the title owns the land. Unsure of what to do next, we haven’t sought a refund since losing the court case; instead, we are waiting to vacate the land.
“I want to stress that many people deceive us when selling land, so we need to be careful. Before buying land, make sure the seller really owns it. Just giving money without checking could result in problems later on.”
He said being honest about who owns the land, including titles and transactions are very important.
He feels that the current system isn’t good enough, mainly in Efate where many evictions are happening.
