Re Teariki Kirite [1997] KIHC 57; HCLR 01.97 (9 July 1997)

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

HIGH COURT LAND REVIEW 1/97

TEARIKI KIRITE
Rep. By Karabu Karabu

JUDGMENT ON REVIEW

In case No. 26/97 on 27 May 1997 the Makin Magistrates' Court (Lands) made an order distributing the monetary estate of the deceased Tekimatang Karabu.

Teariki Kirite, the husband of the deceased now requests that the decision be reviewed. His reason for doing so is as follows. He did not attend the hearing but arranged for himself and his children to be represented by Karabu Karabu, who is the deceased's brother. He had instructed Karabu to apply to the magistrates' court to transfer the case to Betio so that he would be able to attend. However, Karabu failed to make such an application and the case was heard in the absence of the deceased's husband. He would have been able to produce evidence which would have affected the way in which the deceased's monetary estate was divided.

Even though the decision of the magistrates' court was correct on the evidence placed before it, we think that in the interests of justice the deceased's husband ought to be given the chance to be heard.

Accordingly, the decision of the magistrates' court is set aside and a retrial is ordered.

If the husband seeks to have the trial transferred to Betio then he will need to apply to the Makin Magistrates' Court, in which case a report from that court to the Chief Justice in accordance with section 37 Magistrates' Courts Ordinance Cap. 52 will be necessary.

Failing any application for a transfer, we direct that the retrial be heard before the Makin Magistrates' Court (Lands) as soon as possible.

THE HON R B LUSSICK
Chief Justice
(09/07/97)

TEKAIE TENANORA
Magistrate
(09/07/97)

BETERO KAITANGARE
Magistrate
(09/07/97)