AFTER ignoring High Court enforcement orders for four and a half years, the ruling DCGA government has finally run out of steam and will comply.
Within hours of a High Court ruling on Tuesday 16th August 2022 that dismissed government application to suspend enforcement Orders in the Levers Solomon Ltd v Attorney General case, the government has finally relented.
Overnight it prepared a $20 million Court Judgement Order in its Supplementary Appropriation Bill 2022 as part payment for the judgement. The document was delivered yesterday morning as the Public Accounts Committee [PAC] was getting ready to scrutinize the figures.
The amount on offer is nonetheless $12, 401,041 less than the payment ordered by the Court.
LSL had applied for an enforcement Order for the fourth time on a $50 million compensation awarded by the High Court four and a half years earlier. Despite these Orders, the government has been avoiding making the payment, which has now earned more than $11.5 million in interests on the principal amount.
In Court on Wednesday, Judge Foukona first removed any hopes the government might have in getting any leniency from the bench. Judge Foukona dismissed the application to suspend Orders.
His Orders have far-reaching implications for the government. For example, Judge Foukona ordered that:
- Application to suspend enforcement orders dismissed.
- Order granted new enforcement orders pursuant to Rule 21.10(b) of the Civil Rules to be enforced upon the Defendant, Account General and other relevant authorities. This is due to new figures, and will come into effect, should the Defendant fail to pay all obligations by 13th September 2022, 4.30 pm.
- Order declaring, further to order (2) made on 2nd November 2017 that the Claimant has right to possession of the subject land.
- Order declaring that, without limitation on the right of the Claimant to rent at least from 2nd November 2017, and the Claimant is entitled to take all reasonable steps to permanently remove the persons occupying the land subject of these proceedings, as from the expiration of the date of payment.
- Order that, without limitation on the right of the Claimant to interest of 5% from 2nd November 2017 to 15th June 2022, calculated to $11,534, 246.58 (in reference to SI Courts (Civil Procedure) Rules 2007, at Rule 17.72, of the $50 million dollars Consent Orders. Payable to the Claimant by 13th September 2022, 4.30 pm.
- Order that the Defendant pay to the Claimant the sum of $32,401,01.00, the balance after tax levy of $17,598,955.00 from the amount $50 million dollars, payable by 13th September 2022, 4.30 pm.
- That the Defendant pays costs of this hearing to the Claimant on standard basis, if not agree upon, including certificate of counsel fees, forthwith.
By ALFRED SASAKO
