Tenanoa v Rewi [1996] KIHC 71; HCLA 042.91 (24 July 1996)

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

HCLA 42/91

BETWEEN:

WAKARATI TENANOA
Appellant

AND:

KABURORO REWI
TOUN REWI
Respondents

Appellant in person
Mr D Lambourne for the Respondents

JUDGMENT

The appellant appeals a decision of the land magistrates' court in case no. 98/90.

The dispute was over the ownership of a babai pit situated within the respondent's land. The appellant was registered as the owner of the majority of the pit but a smaller portion was registered in the name of N. Renaua, who was the sister of the respondents. The appellant challenged the registration of N. Renaua and claimed that he owned the whole of the pit. The court below found against him. It found that the appellant had no rights over that part of the pit registered in the name of N. Renaua.

In arriving at this decision the magistrates saw and heard the appellant and both respondents. They also went to the site and inspected the babai pit in question.

The evidence of the respondents, which the lower court obviously accepted, was that their parents had given the babai pit to the father of the appellant but had retained the small part which is now registered in the name of their sister Renaua. The parents had indicated to the appellant's father the boundary showing the portion of the pit that was being given to him. In accepting this evidence the lower court was satisfied that the appellant had failed to prove that he was the sole owner of the pit.

We find that the decision of the land magistrates' court was fully supported by the evidence. The appellant has not made out his grounds of appeal, nor has he demonstrated that the lower court fell into error.

The appeal will therefore be dismissed.

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)