Itimwemwe v Tekina [1997] KICA 24; Land Appeal 04 of 1996 (25 March 1997)

IN THE COURT OF APPEAL OF KIRIBATI

LAND JURISDICTION

LAND APPEAL NO. 4 OF 1996

BETWEEN

KEKE ITIMWEMWE
Appellant

AND

KARUA TEKINA
Respondent

Date of Hearing: 20 March 1997
Delivery of Judgment: 25 March 1997

Mr B Berina for the Appellant
Mr T Teiwaki for the Respondent

JUDGMENT OF THE COURT
(Gibbs V.P., Connolly and Ryan IJ.A)

When the respondent, who is the daughter of Tekina married Miita, who has since died, her father allowed the couple to live on his land and a house was built for them. There was considerable dispute as to who built the house and at what cost but as the case developed these questions are immaterial.

On the death of Miita his sister, the appellant, claimed that it was part of his estate and this claim succeeded in the South Tarawa Lands Court. However on appeal to the High Court it was held that the house was not part of the estate of the deceased but belonged to the registered owner of the land, Tekina. The arrangement was informal and no lease was signed, neither was the land on which the house was built gifted to either party. Tekina remained, and remains to this day, the registered owner of the land where the house is situated.

Mr Berina, for the appellant, contends that the High Court erred in failing to apply customary law rather than the common law but no evidence of any principle of customary law which would displace the rule of the common law that materials fixed to the land are owned by the person who has title to the land was ever given in any of these proceedings.

It follows that the appeal must be dismissed.