Tuuro v Teitoa [2001] KICA 12; Civil Appeal 03 of 2000 (5 April 2001)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTION
HELD AT BETIO, KIRIBATI

Civil Appeal No. 3 of 2000

BETWEEN:

TAOTAO TUURO
Appellant

AND:

RAMTEN TEITOA
Respondent

Before: Casey JA
Bisson JA
Tompkins JA

Counsel: Mr N Allen for the appellant
Ms E Hibling for the respondent

Date of Hearing: 28 March 2001
Date of Judgment: 5 April 2001

JUDGMENT OF THE COURT

in an ex tempore judgment on 15 June 2000 the Chief Justice dismissed an appeal from the decision of the Beru Magistrates who heard a claim by the appellant to a canoe in the possession of the respondent. They held that the canoe in question belonged to Teitoa and should remain with his son, the respondent.

This is an appeal from that decision of the Chief Justice.

According to the evidence a canoe owned by the appellant and her late husband, Teitoa, was destroyed at sea. A new canoe was built by one Tekatea out of plywood carved by Teitoa and belonged to Teitoa. It therefore forms part of his deceased estate to be distributed under s.60 of the Magistrates' Court Ordinance. Ms Hibling for the respondent was not able to persuade us otherwise.

It is hereby ordered that:

1. The appeal is allowed

2. That the decision of the Magistrates in case CN 5/98 (Beru) is quashed

3. It is further ordered that the estate of Teitoa including his canoe be distributed by the Magistrates in accordance with s.60 of the Magistrates.' Court Ordinance and that all next of kin be summoned to attend

4. No order for costs

Casey JA
Bisson JA
Tompkins JA