The High Court has ruled in favour of Lever Solomons Limited (LSL), yesterday declaring multiple government actions involving land forfeiture and compulsory acquisition unlawful.
In its conclusion, the Court found that the State failed to meet key legal requirements under the Lands and Titles Act when attempting to acquire or forfeit LSLโs land.
In the judgement between Lever Solomons Ltd and the Attorney-General and others case, Justice Nott ruled that in the compulsory acquisition cases (2021โ2022), the Government did not provide sufficient evidence to show the land was required for a genuine public purpose at the time decisions were made. The Court stressed that simply issuing formal declarations was not enough without clear supporting material.
In the Hells Point case, while the intended use of land by the Royal Solomon Islands Police Force could qualify as a public purpose, the Court found no evidence demonstrating why that specific land was required at the time. However, allegations that the acquisition was done for an improper purpose were not proven.
The Court also invalidated forfeiture notices issued in 2020, finding that the Commissioner of Lands did not have proper legal authority due to the absence of a valid delegation from the Land Board. Additionally, the alleged breaches by LSL were not sufficiently established, with evidence showing ongoing land use and payment of outstanding rent.
As a result, the Court quashed all disputed acquisition declarations and notices, ordered the land register to be corrected, and restrained the Government from enforcing the invalid forfeiture notices.
The ruling reaffirmed that government powers affecting land ownership must strictly comply with both statutory and constitutional requirements.
Consequential Orders
The court further clarified that any vesting of land purported to arise under section 75 of the Lands and Titles Act [Cap 133] in relation to the above declarations is set aside. Additionally, any entries made in the land register as a result of those declarations must be removed or amended accordingly.
These rulings collectively reaffirm the requirement for lawful process and proper authority in matters concerning land forfeiture and compulsory acquisition.
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