Solomon Law Reports

judicial review – preliminary issue of law – resumption of land – where Commissioner of Lands issued notice to resume land pursuant to clause 3 of grant instrument for public purpose – whether resumption contrary to section 71(1) of the Land and Titles Act and section 8 of the Constitution – Anthony Chee Ming Wong v Attorney General, SICOA-CAC 176 of 2009 distinguished – Lever Solomons Ltd v Attorney General [2013] SBCA 11 distinguished – section 71(1) of the Land and Titles Act confers power on Minister to declare land is required for public purpose to start process for such land to be acquired – reservation of right to resume land under clause 3 of grant instrument is not a right conferred on the Commissioner of Lands or authorised by the Land and Titles Act or other written law – even if reservation under clause 3 of grant instrument is a feature of common law associated with grants of fixed term estates or a personal contract between grantor and grantee they are subject to Land and Titles Act which specifically deals with situations where the government wish to acquire land for public purposes