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Teenga v Teenga [2004] KIHC 178; Land Appeal 41 of 2003 (21 July 2004)

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

High Court Land Appeal 41 of 2003

Between:

NEI KAKAI TEENGA
Appellant

And:

NEI RARA TEENGA
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Mr Aomoro Amten

Date of Hearing: 21 July 2004

JUDGMENT
(Ex Tempore)

Teenga was married twice and had daughters by each wife: he had no sons. The appellant is the eldest daughter by the first marriage. The respondent is the eldest daughter by the second marriage.

Mr Berina has directed our attention to s.11 of the Native Lands Code and in particular to the sentence in s.11(ii), “If there are no sons then the share of the eldest daughter will exceed that of her sisters”.

The Single Magistrate in her judgment does not mention s.11 and this leads us to believe that she did not consider it. We believe the whole of s.11 to be relevant to the distribution and that being so think there should be another hearing.

The appeal is allowed, the decision of the Single Magistrate quashed and the case returned to the Magistrate’s Court for rehearing in accordance with these reasons.

The Hon Robin Millhouse QC
Chief Justice

Betero Kaitangare
Magistrate

Raratu Ieita
Magistrate