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Banian v Banian [2009] KIHC 68; Land Appeal Case 42 of 2009 (9 October 2009)

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

HIGH COURT LAND APPEAL 42 OF 2009

BETWEEN:

RUTETA BANIAN
APPELLANT

AND:

OTEA BANIAN
RESPONDENT

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Maere Kirata

Date of Hearing: 9 October 2009

JUDGMENT
(Ex Tempore)

The ground of appeal is that the Single Magistrate did not take into account a will said to have been made by the deceased on 25 August 1995 when her family went to the Court to have their names registered after her. Certainly in the minutes of 1242/08 there is no mention of a will. The appellant in her affidavit sworn 9 February 2009 says she told the Single Magistrate there was a will but the Single Magistrate said that separate proceedings should be taken to prove it.

Now Ms Kirata tells us that there was a later will although her client has not yet given it to her. There seems no point in waiting for it to be produced to us.

The case should go back to the Magistrates’ Court for rehearing at which the last will of the deceased lady should be proved and taken into account when an order is made.
Appeal allowed: decision of the Single Magistrate quashed and case returned to the Magistrates’ Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate