Temaua v Toataake [1996] KIHC 37; HCLA 273.88 (22 July 1996)

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

HCLA 273/88

BETWEEN:

NEI TERAOI TEMAUA
TOOMA TEMAUA (Rep by N. MANGOUA)
Appellants

AND:

N. TAONATETAAKE TOATAAKE
Respondent

Mr D Lambourne for the Appellants
Respondent in person

JUDGMENT

Counsel for the appellant informs us that, having reconsidered the matter, the appellant now has no argument with the majority decision of the land magistrates' court that the estate of Temaua be divided according to spouses.

However, counsel points out that although the lower court opted for that method of distribution, no distribution was actually made. We agree with him that the matter ought to be remitted so that the distribution can be made by the lower court in accordance with its decision.

We accordingly make the following orders:

(1) The appeal will be dismissed.

(2) The case is to be remitted to the land magistrates' court to make a distribution of Temaua's estate by determining what is an equal division between the spouses.

THE HON R B LUSSICK
Chief Justice
(22/07/96)

TEKAIE TENANORA
Magistrate
(22/07/96)

BETERO KAITANGARE
Magistrate
(22/07/96)