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Teue v Teitikai [2003] KIHC 256; Land Appeal 65 of 2000 (19 September 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

HIGH COURT LAND APPEAL 65 OF 2000

BETWEEN:

TEUE & LIPINE
APPELLANTS

AND:

N. TAROME TEITIKAI, N. BITANNATU TIMEI, KABOTAU NAKAU, KABOTERENGA RUKA, TEIWAKI BEIA
RESPONDENTS

FOR THE APPELLANTS: MS TAOING TAOABA
FOR THE RESPONDENTS: MR JOHN O'SULLIVAN

DATE OF HEARING: 19 SEPTEMBER 2003

JUDGMENT
(Ex Tempore)

The testator who had no issue left a piece of land to the appellant solely. The respondents' relatives of the deceased as shewn by the family tree, challenged the will on the ground that, pursuant to SS 4 and 10 of the Native Lands Code, their interests should have been taken into account. The Single Magistrate accepted their argument that they would suffer hardship and refused to confirm the will. Apparently the Single Magistrate assumed that there would be hardship but he appears not to have made any enquiry as to what other lands, if any, the respondents or any of them may have owned. Such an enquiry should have been made before the Single Magistrate came to a decision. The appeal will be allowed, the decision of the Single Magistrate quashed and the case returned to the Magistrates Court for rehearing so that the Magistrates Court may make the enquiries and take them into account in coming to a fresh decision.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAEI ENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE