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Ata v Tokataake [2010] KIHC 131; High Court Civil Case 146 of 2010 (18 November 2010)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 146 of 2010

Between:

Aren Ata
Applicant

And:

Oileen Tokataake
1st Respondent

Maria Tabito
2nd Respondent

Attorney General iro South
Tarawa Lands Court
3rd Respondent

For the Applicant: Ms Elsie Karakaua
For the 1st Respondent: Mr Banuera Berina

Date of Hearing: 18 November 2010

JUDGMENT
(Ex Tempore)

Application for certiorari.

The applicant complains on behalf of herself and her sister Nei Kaneneia that they did not know of CN 63/2001 in which their late mother (the second respondent) transferred land to the first respondent their young sister. Nei Aren says she became aware of this only in 2010 when eviction proceedings were taken against three persons whom she had allowed to settle on the land.

Mr Berina has shewn me the minutes in CN TTT 78/07 from which it is quite clear that both the applicant and Nei Kaneneia did know of the transfer. They both said so in evidence in that case.

Yet the applicant has waited more than another three years before making this application. The delay since 2007 – let alone since 2001 – the sisters must have known some time before 2007 to have given the evidence in that year – is in the circumstances not acceptable.

Time within which to bring the application is not extended. The application is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice