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Marutaake v Taraia [2004] KIHC 209; Land Review 14 of 2004 (13 August 2004)

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

High Court Land Review 14 of 2004

Between:

MARUTAAKE MT MM
ROOTA TARAIA
MAUTANG TARAIA
TIBWERE TARAIA
Applicants

And:

ARETAAKE TARAIA
TERETIA TARAIA
Respondents

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

Date of Hearing: 13 August 2004

JUDGMENT
(Ex Tempore)

Application for review of CN 215/82 and 210/02. The basis of the application which is otherwise out of time for both cases (s. 81(4) of the Magistrates’ Courts Ordinance) is that there was fraud in 1982: there never was a will upon which the Court could act. That amounted to fraud. Yet that does not appear from the minutes in CN 215/82 in which the will is mentioned and apparently accepted. We are not able to find fraud.

The application for review of both cases relies on the same alleged fraud.

We have found no fraud. It follows that pursuant to S.81(4) of the Magistrates’ Courts Ordinance, the application is out of time and must be refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate