Onikitaake v Tenaobure [1996] KIHC 54; HCLA 285.89 (24 July 1996)

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

HCLA 285/89

BETWEEN:

ATANTEITI ONIKITAAKE
Appellant

AND:

TABUAKA TENAOBURE
Respondent

Appellant in person
Mr D Lambourne for the Respondent

JUDGMENT

The appellant appeals the decision of the land magistrates' court in case no. 1/89.

The appellant had applied for an additional share for his mother in the estate of Tenaobure, his grandfather. Tenaobure is also the father of the respondent. He died in the 1950's but he had distributed his lands before he died with the exception of his pits, which were distributed shortly after his death. The appellant's mother was given one land and two pits as her share of the estate. While she was alive there was no record of any dissatisfaction with her share. She did not complain that the share was unfair or was insufficient for her livelihood. In fact, she did not complain at any time before her death sometime in the 1980's.

We think that the lower court was quite correct in rejecting the appellant's claim. In our view his application for a larger share of an estate that was distributed so long ago is quite unreasonable, particularly when the share given to his mother was not questioned while she was alive.

The appellant has failed to show that the land magistrates' court fell into error and the appeal will be dismissed accordingly.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(24/07/96)

TEKAIE TENANORA
Magistrate
(24/07/96)

BETERO KAITANGARE
Magistrate
(24/07/96)