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Rutio v Takirua [2011] KIHC 15; Land Appeal 57 of 2010 (20 April 2011)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION

Republic of Kiribati
Held at Betio

High Court Land Appeal 57 of 2010

Between:

Kaiaba Rutio
Bwakati
Totoka & Others
Appellants

And:

Tikarerei Takirua
Ntiua Tekita
Kabotau Nakau
Respondents

BEFORE: Muria CJ
Kaitangare Magistrate
Ieita Magistrate

Ms Kiata Kabure For the Appellants
Mr Mantaia Kaongotao For the Respondents

Date of Hearing: 20 April 2011

JUDGMENT
(Ex Tempore)

The appellants' complaint is that the Single Magistrate failed to consider the issue of fraud, having been raised in Court at the trial.

Having heard submissions, from both Counsel, and having read the record, it is obvious to us that the Single Magistrate did in fact consider the issue of fraud raised before her in Court.

The alleged fraud said to have been committed in connection with the registration of Tikarerei who is not the first child, was considered and found by the Magistrate as not amounting to fraud.

The other alleged fraud incidents mentioned have also been considered by the Magistrate and rejected them.

The Magistrate then proceeded to accept the indefeasibility of the respondent's title and dismissed the plaintiff/appellant's case.

The findings of the Single Magistrate are findings of facts and we are not prepared to disturb them.

We conclude that this appeal should be dismissed with costs to the respondent to be paid by the appellant.

SIR JOHN MURIA
Chief Justice

BETERO KAITANGARE RARATU IEITA
Magistrate Magistrate