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Tibwere v Taaretiita [2006] KIHC 21; Civil Case 58 of 2005 (20 January 2006)

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

High Court Civil Case No. 58 of 2005

Between:

BUNAUA TIBWERE & OTHERS
Applicants

And:

ARATAAKE TAARETIITA
Respondent

For the Applicants: Ms Berenike Iuta
For the Respondent: Mr Glenn Boswell

Date of Hearing: 20 January 2006

JUDGMENT
(Ex Tempore)

Leave has been given to each of the appellant and respondent: the appellant in CN 19/03 and the respondent in CN 87/03. Each case concerns the same land. These reasons should be read in conjunction with the reasons given on 19 January 2006 granting leave. HCLA 19/03 affirms the decision of the High Court in 197/84. CN 87/03 is a decision contrary to 197/84.

There are two reasons why we have no alternative but to affirm the decision in 197/84. First because there was no appeal from it and it has stood for over 20 years and secondly because this court should not go against its own earlier decision.

Accordingly the decision in CN 87/03 must be quashed but the decision in 19/03 should stand.

The appeal by Bunaua Tibwere is dismissed. The appeal by Arataake Taaretiita is allowed: the decision in CN 87/03 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate