Tekea v Angbang [1996] KIHC 47; HCLA 020.90 (23 July 1996)

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

HCLA 20/90

BETWEEN:

N. TEETA TEKEA & ORS
Appellants

AND:

N. KOOTE ANGBANG
Respondent

Appellants in person
Mr D Lambourne for the Respondent

JUDGMENT

The appellant is Teeta Tekea and she has brought an appeal on behalf of herself, Marita Tekea and Toromita Tekea, all of whom were defendants in the lower court. The application before that court was brought by the respondent, as plaintiff, to confirm the will of Makaea in which she was left a gift for nursing of one land and two pits.

The appellants bring this appeal on the grounds that they also nursed the testator but were not left a gift for nursing.

The validity of the will was proved and not challenged in the lower court. The said court thereupon confirmed the will and, consequently, the gift for nursing to the respondent. The court had to amend this gift, however, in order to bring it into compliance with the law.

Under section 5(iii) of the Lands Code a gift for nursing must not exceed one land and one pit, whereas the respondent was left one land and two pits. The lower court accordingly disallowed the gift of one of the pits. In all other respects the lower court simply complied with the bequest of the testator.

The fact that the appellants did not receive a gift for nursing under the will is, by itself, not a reason for overturning the provisions of a valid will, let alone the decision of the Land Magistrates' Court confirming it.

The appellants have failed to demonstrate that the lower court fell into error and there is no justification for our interference with its decision.

The appeal fails and is dismissed.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(23/07/96)

TEKAIE TENANORA
Magistrate
(23/07/96)

BETERO KAITANGARE
Magistrate
(23/07/96)