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Uriam v Uriam [2004] KIHC 67; Land Review 12 of 2003 (1 April 2004)

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

Land Review 12 of 2003

Between:

TEBAU URIAM
KABUREREI URIAM
TABURONGO URIAM
Appellants

And:

BOREREI URIAM
Respondent

For the Appellants: Ms Taoing Taoaba
For the Respondent: Mr Banuera Berina

Date of Hearing: 1 April 2004

JUDGMENT
(Ex Tempore)

This is an application for review. The applicants assert that the respondent has become the sole owner of land without their interests being taken into account. The respondent is the brother of the applicants. The respondent was registered in February 1999. The application for review was made by letter on 7 September 2003.

Our attention has been drawn to two decisions of the Court of Appeal – LA 3/1992 and 1/1993 and also to High Court decision 42/2001 – the last a case between these same parties. These judgments make it clear that only parties to a case may bring an appeal from the decision in that case.

Our judgment this time must be the same as it was in 42/01 – to refuse the application.

We can only repeat what we said in that judgment:

The two decisions are directly against the present applicants. We notice that in LA 1/1993 the Court distinguishes the decision in LA 3/1992 but declines to decide whether there is a remedy in a situation similar to the present one. The Court suggested the Maneaba ni Maungatabu may wish to consider the matter. The Court did not feel able to make law and apparently, either after consideration or none, the Maneaba ni Maungatabu has not made any either. It would be bold indeed of us to do so now.

We repeat the suggestion but with greater urgency, that the Maneaba ni Maungatabu consider the matter with a view to changing the law to provide a remedy in such a case as this.

We refuse the application for review.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE