Tauro v Utai [2001] KICA 4; Land Appeal 02 of 2000 (5 April 2001)

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

Land Appeal No. 2 of 2000

BETWEEN:

MIRIAM TAURO
Appellant

AND:

UTAI UTAI
Respondent

Before: Casey JA
Bisson JA
Tompkins JA

Counsel: Ms Taoing Taoaba for the appellant
Mr N Allen for the respondent

Date of Hearing: 30 March 2001
Date of Judgment: 5 April 2001

JUDGMENT OF THE COURT

[1] On 3 April 2000 the High Court allowed an appeal against a decision of the Tamana Lands Magistrates Court fixing the boundary between lands said to be owned by the parties, and referred the matter back to that Court for rehearing. The appellant now comes to this Court claiming that the High Court had ignored the indefeasibility provisions of Land Commission registration which she says shows her as the owner of the land Bakaoti 32-aa, whereas the respondent challenged this and claims it is his land.

[2] The entry in the Land Register book was produced to the High Court, which said it was unsure that it did show what the present appellant asserted, and that in the circumstances it was safer to return the matter to the Magistrates Court for it to satisfy itself as to the ownership of the disputed land. As the Register Book entry was not made available to us we cannot say whether or not the High Court was correct in concluding the entry was uncertain, and so it is impossible for us to determine the issue on appeal one way or the other, and it must be dismissed.

Result

Appeal dismissed.

Casey JA
Bisson JA
Tompkins JA