Osiabu v Honiara City Council [2018] SBHC 60; HCSI-CC 498 of 2011 (15 June 2018)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Osiabu v Honiara City Council
Citation:
Date of decision:	15 June 2018
Parties:	Sara Osiabu v Honiara City Council
Date of hearing:	6 December 2017
Court file number(s):	Civil CaseNo.498 of 2011
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Maina PJ
On appeal from:
Order:
Representation:	The Claimant to pay or complete any outstanding relevant land fees and the titles of Parcel no. 191-018-267 to be transferred to her. Upon Order 1, the Claimant under the contractual relationship with Defendant for payment of the purchase price undertake to complete or continue with the instalment process until paid in full and Claimant The costs is awarded against the Defendant on indemnity basis.
Catchwords:
Words and phrases:
Legislation cited:	Lands and Titles Act
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION
Civil Case No.498 of 2011

SARA OSIABU
Claimants

HONIARA CITY COUNCIL
Defendant

Date of Ruling: 15 June 2018

Mr Wilson Rano for the Claimant
Mr John Muria for the Defendant

JUDGMENT

Maina PJ: This is a claim involving the portion of a land or property within the Honiara City and Claimant is claiming that she is entitled to be registered as owner of the fixed term estate of Parcel no. 191-018-267 inclusive of the building (“property “) therein.

The Defendant Honiara City Council (HCC) is a Competent Authority, an agent of the National Government and bestow the responsibilities to manage the affairs and services to the people of the Honiara City. The affairs includes the land and properties under its authority within the City.

At the crux of the claim, the Defendant offers a portion of land and property within Sup Sup Garden area in the City to the Claimant. And the circumstances leading up to the Claim have their origin in 2003.

Brief Facts

Claimant is a former employee of the Defendant and occupies a house owned by the HCC at Sup Sup Garden Area. On 12^th February 2003 the Claimant applied to the Defendant to purchase land and property. The Defendant through the Lands Culture & Environment Standing Committee approved her application and an offer with a purchase price of the property was made to her Under the terms of the approval is the property, purchase price of $37,000.00 to be paid by instalment until paid in full. Claimant is required under the approve terms to sort out land transfer requirements with the Commissioner of Lands.

Later the Defendant withdrew the approval or offer to the Claimant and sought to repossess the property. City Clerk have issued notices of eviction to the Claimant but the High Court issued restraining order against the eviction of the Claimant.

Claimant has paid the land fees to the Commissioner of Lands and a transfer of titles to the Claimant was in process but withheld due to the purported withdrawal of approval and caveat from the Defendant.

Facts not disputed

On or about 12^th February 2003 the Claimant applied to the Honiara City Council for the said land. The Defendant through the Lands Culture & Environment Standing Committee approved with an offer and a purchase price of $37,000.00 Claimant paid part payment of $10,000.00 for the building. The transfer of titles is with the Commissioner of Land as the owner and holder of the titles of the said land he made an offer with the relevant land fees to the Claimant in 2009. Claimant has paid the required land fees to the Commissioner of Lands.

Issues

(1) Whether the Defendant and Claimant are bound by the approval of the Defendant to sell the property at Sup Sup Garden to the Claimant;
(2) Whether the formalities with the land fees by the Commissioner of Lands is an additional to the purchase price.

The Defendant through the committee approved the sale of the said property to the Claimant. The term of the approval is contained in the letter dated 16^th February 2003 and 6^th March 2003. The property comprises land and house with the purchase price of $37,000.00 to be paid by instalment until paid in full to the Defendant. And the Claimant is required to sort out the land transfer necessities with the Commissioner of Lands, a formalities required to undertake with the payment of the purchase price in the approval or offer.

Further the letter of 16^th February 2003 stated that the sale of the building is conditional upon the Claimant obtaining the land and subsequently title from the Commissioner of Lands.

By the letter of 24^th March 2003 the Defendant informed or referred to the Commissioner of Lands the approval for the sale the property to the Claimant and the Commissioner to undertake their part under the approval of the sale.

These facts disclose the approval with the obligations or terms and condition of the sale of the property to the Claimant or the offer with conditions.

On part of the Claimant, she had paid $10,000.00 as part payment for the property and relevant land fees to the Commissioner of Lands.

There are two factors, a property that has approved by the Defendant to be sold to the Claimant and land which the property is situated is owned by the Commissioner of Lands who administers the titles and formalities the Defendant.

The Defendant as Competent Authority has the right to dispose the property it owns, holds or under its capacity and it is the Commissioner of Lands to dispose or transfer title of the land upon payment of relevant land fees.

The Commissioner of Land has conceded and had fulfilled his part by the terms of approved with the survey and registration formalities or given a fixed term estate of Parcel no. 191-018-267. These were made upon the Claimant paid the relevant land fees to his office. No transfer the title to the Claimant, thus to enable formalities under the Defendant’s approval terms and conditions for sale to the Claimant.

With Issue 1, the Defendant had set the terms of its approval or offer which the Claimant had accepted and both have undertook their parts on the sale arrangement. Important to note the terms and conditions require compliance with no time set for that, any completion is the land is transfer to the claimant and condition the claimant to make instalments to the cost of the property until paid in full to the Defendant.

There is an agreement between the parties and Claimant is bound by the terms of the approval by the Defendant. She had been undertaking her part paid $10000.00 to the Defendant for the property and relevant lands fees to the Commissioner of Lands.

The part with Commissioner of Lands to enable the transfer of the titles to the Claimant has been done but has been withheld. The parties are bound and transfer of the title of the land to the Claimant should be made accordingly.

And with Issue 2, the Defendant owns the property and by the direction it had made for the valuation of the property it has done its part valued purchase of price of $37,000.00. The relevant fees lands with the Commissioner of Lands is different costs or the obligation by the Claimant under the Lands and Titles Act and additional to the purchase price of the property.
ORDERS

(1) The Claimant to pay or complete any outstanding relevant land fees and the titles of Parcel no. 191-018-267 to be transferred to her.
(2) Upon Order 1, the Claimant under the contractual relationship with Defendant for payment of the purchase price undertake to complete or continue with the instalment process until paid in full and Claimant
(3) The costs is awarded against the Defendant on indemnity basis.

THE COURT

Justice Leonard R Maina
Puisne Judge