Attorney General v Ruakana [2011] SBHC 101; HCSI-CC 118 of 2011 (3 October 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 118 of 2011

BETWEEN:

ATTORNEY GENERAL
Claimant

AND:

PAUL RUAKANA
Defendant

Date of Hearing : 25 August 2011
Date of Judgment : 3 October 2011

Ms Linda Folaumotui for Claimant
Paul Ruakana in Person

JUDGMENT

1. The Defendant, Paul Ruakana, signed a Lease Agreement with the Claimant over Parcel No. 015-001-16 on Taro Island on 12 May 2003. The Lease was registered on 11 September 2003.
   
2. The Lease Agreement was subject to conditions. One of the conditions of the Lease was that the Defendant shall within 24 months from the date of the Lease is registered, erect on the land to the satisfaction of the Claimant a building costing a minimum of $80,000.00 for industrial purposes.
   
3. In June 2010, the only building the Defendant erected on the land was a leaf hut, which is estimated to have cost him approximately $10,000.00.
   
4. On or about 6 June 2010, a notice was delivered to the Defendant, informing him to comply with the conditions of the Lease Agreement. He was warned that a building costing a minimum of $80,000.00 must be erected within 3 months' time or the Claimant would exercise his right to forfeit the land.
   
5. By March 2011, the Defendant had not started any further work on the land to comply with the Lease Agreement. Despite written notices by the Claimant to the Defendant, the Defendant have either failed, neglected and/or refused to comply with the notices.
   
6. The Defendant made a statement in court. He said, he is still looking for assistance to develop the land. He did not reveal the nature and the identity of those he approached for assistance. He admitted having a leaf house on the property and still has personal properties there as well on the land. He said that is living and working in Honiara at the moment.
   
7. It is now well over eight years since he had title to the land. He was obviously in breach of the lease agreement between himself the Claimant. This court is of the view that he would not be able to comply with the condition to build a house on the land.
   
8. This court will therefore grant the orders sought by the claimant.
   

ORDER:

1. The Claimant forfeits and recover possession of the land forthwith.

2. Defendant to remove his movable properties from the land forthwith.

3. People who occupy the land at present to vacate the land within one of the date of this judgment.

4. The Defendant to pay the Claimant's costs (if any).

THE COURT