Ititaake v Ngatau [1996] KIHC 115; Land Appeal 77 of 1991 (31 January 1996)

IN THE HIGH COURT OF KIRIBATI
(BEFORE B SUTTILL C.)

HCLA 77/91

BETWEEN:

N. TEBURAIKAKEE ITITAAKE
Appellant

AND:

N. TERENGABO NGATAU
Respondent

JUDGMENT

The respondent was not present today. Several attempts to locate her have failed.

The appellant seeks to overturn the distribution of the estate of Tebou Akaua which was made in BA 201/91.

She was not a party to those proceedings and that is, of course, part of her grievance.

However she cannot, by virtue of not being a party, appeal the proceedings. She must sue Terengabo Ngatau in the magistrates court to establish that she, the appellant, is an issue of Tebou Akaua and entitled to share in his estate.

The lands court in Bairiki must render her all assistance in order for her to do so. The magistrates must hear the fresh proceedings and not consider themselves barred from doing so because they made the original distribution.

The appeal is accordingly dismissed.

B. SUTTILL
Commissioner
(31/1/96)

TAKAIE TENANORA
MAGISTRATE
(31/1/96)

BETERO KAITANGARE
MAGISTRATE
(31/1/96)