Defence Minister illegally acquired Boroko home
The National Court has ordered Defence Minister Fabian Pok give up the title to a home he illegally acquired from the National Housing Corporation (see newspaper report below).
Justice Canning’s has described the decision to allow Pok to buy the house – at a value less than that quoted to the home’s occupier – as “favors being done to big men.”
Not only was Pok not entitled in law to acquire the house, he purchased it without it being advertised and with no competitive bidding process.
MP’s title forfeited over fraud charges
Source: Post Courier
THE title to a property in Boroko, National Capital District was forfeited from Defence Minister Dr Fabian Pok after the National Court declared its acquisition a “case of constructive fraud.”
The ruling was handed down by Justice David Cannings last Friday who also ordered the National Housing Corporation to sell it at a lesser price to Vaki Vailala who had been occupying it for 23 years.
He said Mr Pok was not an eligible buyer according to the three requirements set out in Division IV, 4, Section 37 of the National Housing Corporation Act.
In 1994, Vaki Vailala moved into Section 6, Lot 45, Kanu Place, Boroko when he was a surveyor with the Department of Lands and Physical Planning.
In 2005, he found employment within the private sector and began paying rent to NHC.
During his occupancy, MrVilala made three offers to purchase the property but received no response from NHC.
In May 2013, Mr Pok wrote under the letter head “Office of the Minister for Defence,” expressing his interest in “any property that is available for sale.”
Five months later, the NHC managing director, John Dege offered to sell to Mr Vailala for K529, 599.60 with conditions that he accept within 14 days and make a 10 per cent deposit.
Mr Vailala asked for an extension of time to arrange finance.
14 days later, Mr Dege cancelled the offer due to Mr Vailala’s failure to comply with conditions and sold the property to Mr Pok at a price K 4065. 60 less than the one he had offered Mr Vailala.
Mr Vailala was given seven days to vacate so initiated the legal proceedings and an interim stay was issued.
Justice Cannings found the circumstance of the sale suspicious as it seemed like “favors being done to big men.”
“There were no evidence that any other person was offered this property, the sale of the property was not advertised and there was no competitive bidding,” he said.
The court found the NHC offer to Mr Vailala unreasonable as it came with little notice five years after his last offer to sell and an extension of deadline was never given that Mr Vailala had been living on the land for over 20 years.
Justice Cannings advised Mr Pok to seek refund from NHC as he was prejudiced; he had invested more than half a million in the property and has not been able to occupy it for one day since he bought it almost three years ago.