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Public Curator Papua New Guinea v Bong [2005] PGDC 103; DC330 (11 August 2005)

DC330

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 1951 OF 2005

BETWEEN

Public Curator Papua New Guinea
Complainant

V

Dorothy Bong
Defendant

Port Moresby: Bidar, Pm
11th August 2005

Real property
- Claim for possession of property
- Summary Ejectment Act
- Complainant granted letters of Administration to administer estate of RUTH HENAO late of Tatana who died intestate
- Complainant official trustee of Papua New Guinea

Complainant files proceedings against the Defendant pursuant to the provisions of Summary Ejectment Act (Ch No 202). On the 10th September 2002, the National Court at Waigani granted letter of administration to Public Curator and Official Trustee of Papua New Guinea to administer the real and personal estate of RUTH HENAO, late of Tatana, National Capital District, who died intestate on 20th October 1991.

The Defendant through whatever arrangement she had with the deceased lived and continued to leave at the deceased property at Section 368 Allotment 113 Hohola, National Capital District. Despite attempts to get her to vacate the said property, she kept on living. She has no right, license or title to continue residing in the property.

On the 5th May 2005, Complainant filed an application seeking the following orders among other things:

1. That a warrant to Enter and Give Possession be issued against the Defendant to deliver up possession of the property at Section 368 allotment 113, Morata, National Capital District.

The affidavit evidence in support of the orders sought is quite explicit that, the late Ruth Henao of Tatana died intestate. The Public Curator as an official Trustee of Papua New Guinea was granted letters of administration by the National Court to administer the estate of the late Ruth Henao.

The Defendant clearly, had no right, license or title to remain in occupation of the said property. In all the circumstances, I order that warrant to enter and give possession of the property be issued. The defendant is ordered deliver up possession of section 368 allotment 113, Morata, National Capital District within 21 days from the date of this order.

Failing which, a warrant in the prescribed form be issued directed to a member of the Police Force to enter and give possession to the Complainant. Complainant shall have its cost of and incidental to these proceedings

11th August 2005