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Enari v Matata [2004] KIHC 288; Land Appeal 75 of 2004 (29 December 2004)

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

High Court Land Appeal 75 of 2004

Between:

TEIANNANG ENARI
Appellant

And:

TAWANA MATATA
RIBUATE TEINAMATI
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Jennifer Troup

Date of Hearing: 29 December 2004

JUDGMENT
(Ex Tempore)

Application for leave to appeal out of time against a decision of the Onotoa Court in 1989. The applicant who was present at those proceedings, complains that it took away the ownership of the land which he had had since 1954. He continued after 1989 to work the land and apparently the respondents who have had ownership since, have not interfered. The applicant has asked several times for boundary determinations but these have been refused: whether explained to him or not the refusal was because he had no standing to ask for a determination – he was not the owner. Until only a couple of years ago he has done nothing effectual to assert his rights.

We have come to the conclusion that it now is too late to complain about a decision over 15 years ago. Certainty of title requires us to refuse the application.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate