Torere v Maeuea [1996] KIHC 84; HCLA 003.91 (25 July 1996)

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

HCLA 3/91

BETWEEN:

NEI ARAIETA TORERE
Appellant

AND:

TOKANNAKO MAEUEA
NEI RITE NAKAREKE
Respondents

Appellant in person
Mr D Lambourne for the Respondents

JUDGMENT

This is an appeal from the decision of the land magistrates' court in case no. 77/90. In that decision the lower court purported to cancel the registration of 10 babai pits standing in the name of the appellant's father Torere.

Counsel for the respondents concedes that if the entries in the name of Torere were in a pit register and properly listed then Torere would have an indefeasible title under section 4 of the Native Lands Ordinance. However, submits counsel, there is no pit register for Marakei. Instead, any pits owned by a particular person are simply noted in the land register at the bottom of the page listing the lands owned by that person. This does not comply with the requirements for registration provided in section 64 of the Magistrates' Courts Ordinance.

Counsel's arguments are misconceived. There is a pit register for Marakei and the original entries were compiled by the Lands Commission. When a pit is transferred the original entry is deleted and the name of the new owner is substituted in the register. Entries in the pit book are also noted at the bottom of the page in the land register concerning the lands owned by the owner of the pit.

In the present case we have inspected the pit book. Every one of the pits in question is shown in an original entry by the Lands Commission as being registered in the name of Torere Maeuea. Those titles are therefore indefeasible and the lower court erred in attempting to cancel that registration.

The appeal is allowed and the decision of the land magistrates' court is set aside.

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

TEKAIE TENANORA
Magistrate
(25/07/96)

BETERO KAITANGARE
Magistrate
(25/07/96)