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Teitikai v Timeon [1996] KIHC 70; HCLA 048.93 (24 July 1996)

IN THE HIGH COURT OF KIRIBATI
HELD AT MARAKEI
(BEFORE THE HON R LUSSICK C.J.)

HCLA 48/93

BETWEEN:

TEATA TEITIKAI & BROTHERS
Appellants

AND:

TIMEON
KABOTAU BARIRIETA
Respondents

Appellants in person
Mr D Lambourne for the Respondents

JUDGMENT

The application by the appellants in the court below was to have their grandmother Kanongnga's estate distributed amongst her sons only.

The appellants claimed that the daughters had already received their shares. However, the land magistrates' court, after considering all the evidence, did not believe the appellants on this point. The magistrates therefore rejected the appellants' claim and ordered that the estate of N. Kanongnga to be registered under both sons and daughters of Kanongnga.

In our view that was the only just order to make once the lower court was satisfied that the daughters had not received a share of the estate.

We do not find anything wrong with the decision.

The appeal is accordingly dismissed.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(24/07/96)

TEKAIE TENANORA
Magistrate
(24/07/96)

BETERO KAITANGARE
Magistrate
(24/07/96)