Ioane v Tatabo [1996] KIHC 28; HCLA 210.92 (1 July 1996)

IN THE HIGH COURT OF KIRIBATI
HELD AT MAIANA
(BEFORE THE HON R B LUSSICK C.J.)

HCLA 210/92

BETWEEN:

TARATAU IOANE
Appellant

AND:

N. TOKAUA TETABO
Respondent

JUDGMENT

The facts of this case are that the appellant was placed in the land owned by the respondent as caretaker because the respondent was a young girl when the land was given to her. The respondent later brought action in the magistrates' court to recover the land from the appellant and that court found in her favour, hence this appeal.

We note from the record that the appellant admitted in the first-instance hearing that he was a caretaker. These were his words: "Members of the Court, when the mother of the defendant is about to die she trusted me to look after the lands of Tetairua or Tokaua" (Tetairua is another name for the respondent).

A copy of the register which was handed to us shows that the respondent is the registered owner of the land in question.

One of the appellant's grounds of appeal is that the record is unsatisfactory because the court clerk in the hearing below was the son of the plaintiff. He did not show how this made the record unsatisfactory but we would agree that the court clerk should not have taken part in a trial where his mother was a party. However, in this case we are of the view that no substantial injustice was done to the appellant because the result would have been the same no matter who the court clerk was.

The appellant clearly has no claim to title against the registered owner of the land.

The magistrates in our view were not in error in ordering that the land be restored to the registered owner.

The appeal is dismissed accordingly.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(01/07/96)

TEKAIE TENANORA
Magistrate
(01/07/96)

BETERO KAITANGARE
Magistrate
(01/07/96)