A LONG running battle over ownership of parcels of perpetual estates in Russell Islands has finally been decided four years after it began.
And, businessman Alex Bartlett and Sevev Land Trust Board – the defendants in the case – are the biggest losers, according to the decision handed down by the High Court on November 1, 2024.
Civil Case No. 148 of 2015 was presided over by Justice Howard Lawry. It proved to be either the or one of the longest long running land cases in the history of the High Court.
The Commissioner of Lands at the time was bitterly criticised for his role in deciding the grant of titles while a decision on an application by Lavukal for the return of the alienated land was pending.
The Court heard that the Commissioner knew that Lavukal was awaiting a decision from him on whether the payment of the premium of $50, 000 would be waived. This followed an earlier decision to transfer the land to Lavukal.
As it transpired, the Prime Minister directed the Commissioner to transfer the Land to Sevev while Lavukal’s request for a waiver of the premium was pending. In the end, the Court found the Prime Minister had no powers to direct the Commissioner.
The case began on 21 November 2021and ended on 01st November 2021, according to the judgement.
Counsel Gabriel Suri represented the Claimants, Jason Kikolo as First Claimant, John Ngaobua, Francis Siosi and Kanuto Kikitu, (representing the Sevev Tribe on Eastern Russell Islands) as Second Claimant and Lavukal Trust Board (Incorporated) as the Third Claimant.
Mr. S. Banuve acted for the Commissioner of Lands (5th defendant) and Registrar of Titles (6th defendant).
The Claimants were represented by Mr. Gabriel Suri, while Counsel Pitakaka represented Leslie Norris Asad (1st defendant), Sevev Land Trust Board (Incorporated) 2nd Defendant, Alex Bartlett (3rd defendant) and Jeremy Rua (4th Defendant),
Mr. S Banuve represented the Commissioner of Lands (5th defendant) and the Registrar of Titles (6th defendant).
In his summary, Judge Lawry noted that. “In addition to the transfer to Sevev there were transfers made to the Third Defendant, Alex Bartlett and the Fourth Defendant Jeremy Rua.
A total of 149 perpetual estates were transferred to the Sevev, the court heard.
“Sevev later transferred the perpetual estate PN 177-006-2 to Jeremy Rua. The Commissioner transferred the perpetual estate PN 165-002-6 to Alex Bartlett and the perpetual estate PN 165-002-122 to the Fourth Defendant (Jeremy Rua),” he said.
In its claim, Lavukal sought an Order declaring that the transfer of all the Perpetual Estates by the Fifth Defendant to Second Defendant was obtained by mistake or fraud.
“The Claimants’ interests are clearly affected by the transfer of the perpetual estates and they have a genuine grievance. They could not be said to be busy bodies poking their noses into something that does not affect them.
“I find they have standing to bring the claim. I am satisfied that each of the Second Claimants are from Russell Islands and as such are also represented by Lavukal,” the judge said.
On the issues of custom raised by the Defendants, there is a challenge about whether there is a Sevev Tribe of Eastern Russell Islands.
“As the Second Claimants rely on the application made to the Commissioner by Lavukal, each of them has standing because they are from Russell Islands,” Judge Lawry ruled.
“The transfer to Sevev was therefore a mistake by the Commissioner.”
On Mr. Rua, the Judge said on the evidence before him, he (Mr. Rua) “was not an owner in possession”.
“The amount paid for the perpetual estate was only $50 a hectare so the conclusion that he was benefitting from a fraud is almost inescapable. He (Mr. Rua) is not protected by subsection 229(2) of the Act.”
The Judge quoted a submission on behalf of the Commissioner of Lands and the Registrar by Counsel Banuve who said, “In short former COL Dunge was clearly mistaken on the directive from the Prime Minister in not carrying out his duties under the Return of Alienated Land Policy and the Land and Titles Act prior to transferring the perpetual estate in Russell Islands as he did in 2013”.
In his conclusion, Judge Lawry said: “It follows that the parcels pleaded in paragraph 12 of the amended claim was obtained or made by mistake or fraud. It also follows that the transfer of the perpetual estate 165-002-6 was obtained or made by mistake or fraud.
“The court makes no finding in relation to the perpetual estate 165-002-122 for the reasons set out in this judgement. The transfer of the perpetual estate 177-066-2 was obtained or made by mistake or fraud.
“The claim for rectification has been made out in respect of all perpetual estates claimed by the Claimants withe exception of PN 165-002-122,” he said.
The Judge then made the following orders:
- The perpetual estate registers of all the perpetual estates pleaded in paragraph 12 of the amended claim are rectified pursuant to section 229(1) of the Land and Titles Act by the Registrar of Titles cancelling the perpetual estates in the name of the Second Defendant and restoring forthwith all the named perpetual estates to the name of the Fifth Defendant until a proper determination has been made by a Court of Law on each land parcel or a consensus is reached with the Third Claimant as to the proper reversion of the alienated lands to the rightful customary owners; until a The perpetual estate registers of the perpetual estate PN 165-002-6, known as Fiami, is rectified pursuant to section 229(1) of the Land and Titles Act by the Registrar of Titles cancelling the perpetual estate in the name of the Third Defendant and restoring forthwith the perpetual estate to the name of the Fifth Defendant until a proper determination has been made by a court of law on that parcel of land or a consensus is reached with the Third Claimant as to the proper reversion of the alienated lands to the rightful customary owners;
- The perpetual estate registers of the perpetual estate PN177-006-2, known as Failau Island, is rectified pursuant to section 229(1) of the Land and Titles Act by the Registrar of Titles cancelling the perpetual estate in the name of the Fourth Defendant and restoring forthwith the perpetual estate to the name of the Fifth Defendant until a proper determination has been made by a court of law on that parcel of land or a consensus is reached with the Third Claimant as to the proper reversion of the alienated lands to the rightful customary owners;
- No order is made in relation to the perpetual estate PN 165-002-122 known as Kalan;
- The First Defendant, the Second Defendant, the Third Defendant and the Fourth Defendants are to pay the costs of the Claimants, if not agreed then to be assessed; and
- The Fifth Defendant and the Sixth Defendant, are to bear their own costs
Businessman Bartlett also lost an earlier case, Civil Case No. 165 of 2023, when he failed to appear in a default judgement hearing.
By Alfred Sasako
