Home | Databases | WorldLII | Search | Feedback High Court of Kiribati

Taraia v Karawaiti [2004] KIHC 207; Land Appeal 26 of 2004 (13 August 2004)

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

High Court Land Appeal 26 of 2004

Between:

ARETAAKE TARAIA
TERETIA TARAIA
Appellants

And:

MARUTAAKE KARAWAITI MT MM
ROOTA TARAIA
MAUTANG TARAIA
TIBWERE TARAIA
Respondents

For the Appellants: Ms Jennifer Troup
For the Respondents: Ms Botika Maitinnara

Date of Hearing: 13 August 2004

JUDGMENT
(Ex Tempore)

Ms Maitinnara concedes that Single Magistrate’s decision has not taken into account the decision in CN 210/02. In that case the appellants were given title over the land of their mother N. Taruru who died before 1982. The title of the appellants given in 2002 cannot be taken away or altered in later proceedings in the Magistrates’ Court.

In the present case the Single Magistrate has included the respondents on the title. That was a mistake. It follows that the appeal must be allowed and the decision of the Single Magistrate quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate