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Mangoniti v Mangoniti [2004] KIHC 179; Land Appeal 27 of 2001 (21 July 2004)

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

High Court Land Appeal 27 of 2001

Between:

TAKORIRI MANGONITI
Appellant

And:

TEITI MANGONITI
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 21 July 2004

JUDGMENT
(Ex Tempore)

The point at issue in this appeal is whether a half sister is included in the term “mt mm”. The respondent is the half sister of the appellant. In cases 113/68 and 151/82 the appellant mt mm was registered as owners of the land. In the present case the respondent applied to be registered alongside the appellant and the Single Magistrate in a considered judgment granted the application.

Mr Amten argued that a half sister is not, in law, a sister and therefore is not included in the phrase “mt mm”. He could give no authority for this. The two ladies had the same father and it is his land over which the respondent applied to be registered alongside her sister. We can see no reason either in law or fairness why she should not be. The Single Magistrate came to the correct decision. The appeal is dismissed.

The Hon Robin Millhouse QC
Chief Justice

Betero Kaitangare
Magistrate

Raratu Ieita
Magistrate