BY MELVILLE TITIULU
Trial into the long-running case of Levers Solomons Limited (LSL) challenging the forfeiture and compulsory acquisition of its Fixed Term Estates in Guadalcanal starts today with the plaintiff to call its first witness.
The consolidated civil matter was heard at the High Court room 5 yesterday, before Justice Gina Nott.
During the trial hearing, overseas counsel Mr Mcdonnald, representing, the Lever Solomons Limited told court that there are a number of housekeeping matters he would like to be dealt with in terms of concessions to be agreed on in relation to objections that were raised by the defendant in an application that was filed prior to trial date.
A total of five-trial court books were discussed before court with an additional seven court trial books which were filed yesterday. It contains the list of court documents that would be relied upon during trial.
Concessions were agreed on and objections were pressed on a number of issues as contained in those trial court books. For instance, what is deemed an agricultural purpose or what was the Solomon Islands alienated land policy – alienation of alienated lands policy, of which court was to make a ruling on.
Counsel Nickson Ofanikwai and Brenton Pitri made objections in court on the basis that overseas counsel Mr Mcdonnald, in his opening address, should not have referred to the evidences as contained in the sworn statement.
However, Justice Nott made it clear that the purpose of the opening is to guide court of the evidence and not to rule on the admissibility of the case.
The court made it clear that there was a consolidation order with consent of the parties in place where evidence in one case could be used in the other.
The matter was adjourned for 9.30am today for ruling on contentious issues raised and claimant to call its first witness.
This major battle involves around 780 land titles covering around 2,000 hectares in the Lungga, Henderson, Bloody Ridge, Alligator Creek and Tenaru areas, where the titles are registered to Levers. Historical records show that Levers, under various similar names and different owners, has owned land titles here for more than a hundred years.
Most of the Fixed Term Estates are under forfeiture, based on an allegation by the Commissioner of Lands that the company failed to develop and maintain the land for agricultural purposes as allegedly required in alleged grants of Fixed Term Estates. Some other Fixed Term Estates have been compulsorily acquired, through declarations that the government allegedly needs the land for alleged public purposes. This includes Hells Point which is used by the RSIPF.
Company Haus records show that Levers Solomons Limited is owned by International Comtrade and Shipping (SI) Limited and Lavukal Investment Company Limited.
Lever Solomon Islands was represented by Alice Wily and overseas counsel Mr. Mcdonnald.
The defendants in this case are the Minister for lands, Housing Survey, commissioner of lands, the land board, the registrar of titles and Attorney General.
The named defendants, were represented by Government lawyers from the AG Chambers, Brenton Pitry, Nickson Ofanikwai, Jordan Devisi, and Edward Waiwaki.
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