The High Court Sheriff has received an order to evict Michael Hanikouna and his family from the perpetual estate at Kakabona, North West Guadalcanal, which includes Hammock Beach.
This follows Justice Howard Lawry’s ruling in favor of Hatanga Ltd’s application for default judgment on 18 March 2024.
The claim was served to Hanikouna on 13 September 2021 under Rule 5.37 of the Solomon Islands Courts (Civil Procedure) Rules 2007.
His lawyer was expected to file a defense within 28 days, which was not done.
Hatanga Ltd subsequently filed for default judgment on 19 October 2021, supported by evidence from Alex Bartlett, the company’s administrator and founder.
Hanikouna later submitted a sworn statement and draft defense, claiming financial hardship had prevented him from securing representation.
He said he was informed that the Public Solicitor’s Office was limiting civil cases due to a shortage of lawyers.
However, Justice Lawry noted there was no evidence that Hanikouna sought help from the Public Solicitor’s Office or elsewhere before the default application was filed.
Justice Lawry noted that Hatanga Ltd has owned the land since purchasing it for $100,000 in 1997, a transaction permitted under Section 112 of the Land and Titles Act, which allows estate owners to sell their property as they see fit.
Hanikouna alleged the land title was acquired through fraud or mistake but provided no details supporting these claims in his defense or counterclaim.
Hanikouna’s defense also cited the Townsville Peace Agreement, which he argued restricts non-Guadalcanal individuals from acquiring land on Guadalcanal after 1 October 1998.
However, Justice Lawry clarified that this agreement does not carry legal authority and is irrelevant to Hatanga Ltd’s ownership.
The Limitations Act Section 9(2) prevents actions to recover land after 12 years from the date of purchase, which in this case expired in 2009.
Allegations of fraud or mistake, which could extend this timeframe, would require evidence that Hanikouna was unaware of the transaction despite due diligence.
Justice Lawry noted that, based on the facts, Hanikouna likely knew of the transfer between 1997 and 2007 and would have needed to file a claim by May 2019, which he did not do.
Due to these reasons, Justice Lawry granted default judgment in favor of Hatanga Ltd, striking out Hanikouna’s proposed counterclaim as time-barred.
The High Court Sheriff will serve the eviction notice to Hanikouna’s family after assessing the number of occupants.
Separately, the Copra Export Marketing Authority (CEMA) Board is scheduled to meet next month to discuss recovering a $1 million down payment allegedly made in August 2024 for purchasing Hammock Beach from Hatanga Ltd.
CEMA denies the validity of this agreement and seeks reimbursement, as initial reports suggest CEMA had planned to use the land for cocoa and copra storage.
