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Rotiata v Attorney General [2009] KIHC 38; Civil Appeal Case 21 of 2009 (1 October 2009)

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

HIGH COURT CIVIL APPEAL 21 OF 2009

BETWEEN:

ATIATA ROTIATA MT MM
APPELLANTS

AND:

ATTORNEY GENERAL IRO DIRECTOR
OF LANDS
RESPONDENT

For the Appellants: Mr Michael Takabwebwe
For the Respondent: Ms Tumai Timeon

Date of Hearing:1 October 2009

JUDGMENT
(Ex Tempore)

This appeal arises out of a dispute over the payment of rents for land on Aranuka on which the airstrip has been constructed. Atiata Rotiata applied to the Court for payment to him and his siblings of the rent. In CN 276/09 Atiata was successful. It seems that in other proceedings Biriwaiti was also successful in obtaining an order that the rent be paid to him and the Director of Lands has complied.

The Director of Lands has appealed against the decision of CN 276/09 and that appeal is awaiting hearing. In the meantime the Director has obtained a stay of proceedings in CN 276/09 pending the outcome of the appeal. The present appeal is from the granting of the stay.

Mr Takabwebwe’s clients complain that because of the stay they are deprived of moneys which they had every reason to expect would be paid to them as the rents have since 1986 been paid first to their father and after his death in 2000 to them. They have urgent need of the money.

A stay is a matter of discretion. I suggest, however that the discretion was wrongly exercised in this case: the appellants having been successful in the Magistrates’ Court should not summarily be deprived of moneys on which they had been relying and which they need.

The appeal is allowed to the extent of quashing the Single Magistrate’s order for a stay of proceedings.

The Director of Lands should now comply with the original judgment in CN 276/09 and pursuant to s.22 of the Proceedings By and Against the Republic Act I certify accordingly.

The appellant to have his costs which I fix at $200.

THE HON ROBIN MILLHOUSE QC
Chief Justice