In the matters of Mas Solo Investment Ltd v Nesa [2021] SBCA 3; SICOA-CAC 33 of 2019, the Court of Appeal dismissed the appeal from Mas Solo Investment Ltd (a logging company) and maintained a compensation valued at SBD3,200,000.00 awarded as damages for communities adversely affected by their logging operation. The judgement presents as a landmark decision as it settles the often conjectured debate regarding residents’ entitlement to the environment and land they reside on, particularly residents who are not customary landowners.
The Court has conveniently settled and set out the correct heads of damage for damage done to the environment, namely the value assessment of the non-commercial damage components of the contaminated customary land, its rivers, streams, water source, wildlife and environment.