Robati v Teekabu [1979] KIHC 25; 1979 KILR 78 (3 July 1979)

[1979] KIHC 25; [1979] KILR 78

HIGH COURT OF THE GILBERT ISLANDS

Civil Appeal No 36 1979

NEI TEBURENGA ROBATI

v

NEI TERAKENNANG TEEKABU
AND
ABERAAM OBERA

(O'BRIEN QUINN C.J.)

Betio: 3rd July of 1979

The personal property of a deceased native of the Gilbert Islands forms part of his estate and the distribution of the whole of his estate is a matter for the Magistrates' Court (Lands) and not for the Magistrates' Court to deal with.

The facts are sufficiently set out in the judgment.

HELD: (1) That as the personal property of the deceased formed part of his estate the distribution in its entirety should be dealt with by the Magistrates' Court (Lands);

(2) That the case was not a "civil cause" but a "lands cause or matter" within the meaning of section 2 of the Magistrates' Courts Ordinance 1977.

O'BRIEN QUINN C.J.:-

This is an appeal by the widow of Ten Raubane Teetu, who died in November 1978, against the judgement of the Magistrates' Court for the Nikunau Magisterial District given on 17th May 1979 in which it was decided that whatever personal belongings of the deceased that the Appellant had already taken should remain with her but that the balance of the personal property should go to the Respondents.

2. This case is only part of a larger matter, namely the distribution of the monetary and landed estate of the deceased, Raubane, which was dealt with by the Magistrates' Court (Lands) Nikunau on 24th May 1979 in Land Case No 14 of 1979 and which is now ending before the High Court, differently constituted, as High Court Lands Appeal No 24 of 1979, but has not yet been heard.

3. However, as the personal property of the deceased Raubane Teetu forms part of his estate and as it would seem that Raubane died intestate, the distribution of his estate, in its entirety, should be dealt with by the Magistrates' Court (Lands) at Nikunau and not by the Magistrates' Court at Nikunau, in terms of section 60 the Magistrates' Courts Ordinance 1977 (No 17 of 1977).

4. Accordingly, I set aside the decision of Magistrates' Court in Nikunau in Civil Case No 2 of 1979, for want of jurisdiction as it was not a "civil cause" but a "land cause or matter" within the meaning of these words in section 2 of the Magistrates' Court Ordinance 1977, and I order that the question of the distribution of the personal property and belonging s of Ten Raubane Teetu be dealt with by the Magistrates' Court (Lands) Nikunau as soon as possible and that no fee need be paid as the initial fee paid will cover it.

5. Any party aggrieved by the judgement that will be given in the retrial may appeal against it to the High Court, constituted under section 76 of the Magistrates' Courts Ordinance 1977, within 21 days of that judgement.