Tannang v Tooma [2013] KICA 1; Civil Appeal 01.2013 (23 August 2013)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTION
HELD AT BETIO ]REPUBLIC OF KIRIBATI ]
Civil Appeal No. 1 of 2013

BETWEEN

KATEIA TANNANG FOR THE FAMILY
APPELLANTS

AND

TEITI TOOMA FOR THE FAMILY
1ST RESPONDENT

ATTORNEY-GENERAL IRO LANDS COURT
2ND RESPONDENT

Before: Paterson JA
Blanchard JA Handley JA
Counsel: Mantaia Kaongotao for appellants Botika Maitinnara for 1st respondent

Date of Hearing: 22 August 2013
Date of Judgment: 23 August 2013

JUDGMENT OF THE COURT

1. This is an appeal from Commissioner Semilota who declined to give leave to apply for an order of certiorari quashing an order of the Magistrates' Court given on 23 January 1985 in case CN 12/85.
   
2. During the hearing it emerged that the 1985 order was set aside by the High Court in case HCLA 122/87. The High Court ordered the Magistrates' Court to rehear the matter.
   
3. Counsel for the appellant rightly sought to withdraw the appeal.
   
4. In answer to a question from the Court we were informed that the appellants unsuccessfully applied to the Magistrates' Court in 2010 to have the title to the subject land rectified because of fraud. This matter and the reasons for the Magistrates' Court would have been highly relevant in the High Court proceedings.
   
5. The first respondent seeks costs. The respondent must take some responsibility, for neither the High Court decision quashing CN 12/85 nor the Magistrates' Court's judgment on the fraud case were placed before the High Court. Costs will therefore lie where they fall.
   
6. The appeal is dismissed.
   

Paterson JA

Blanchard JA

Handley JA