Robuti v Mariki [1996] KIHC 80; HCLA 069.91 (25 July 1996)

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

HCLA 69/91

BETWEEN:

BURANTITI ROBUTI
Appellant

AND:

RAETE MARIKI
Respondent

Appellant in person
Mr D Lambourne for the Respondent

JUDGMENT

This is an appeal from the decision of the land magistrates' court in case 19/91.

It is quite clear from the record that the lower court failed to deal with the issues.

The appellant was applying for a determination of her rights under the will of Timeon Mariki. It appears that the magistrates did not even look at the will. We have seen the will and under it the testator left all of his property to three people:

1. N. Burantiti Robuti

2. Ten Teeu Robuti

3. N. Tangaia Robuti

Without even considering the appellant's rights under the will the lower court dismissed her claim, apparently because of some claim her father Robuti made in another case, no details of which appear on the record or are given in the decision. If the magistrates were thinking of case no. 67/90 which is mentioned in the appellant's grounds of appeal then that case concerned an application by Robuti Timeon for a share of Timeon's estate and was thus a different issue from that in the appellant's case.

The lower court was wrong in failing to deal with the subject matter of the appellant's application, i.e. her rights under the will.

The appeal will therefore be allowed. The decision of the land magistrates' court is set aside and the case is remitted for rehearing.

THE HON R B LUSSICK
Chief Justice
(25/07/96)

TEKAIE TENANORA
Magistrate
(25/07/96)

BETERO KAITANGARE
Magistrate
(25/07/96)