Teweia v Teweia [2001] KIHC 11; Land Appeal 06 of 2000 (9 April 2001)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT ABAOKORO
REPUBLIC OF KIRIBATI

High Court Land Appeal 6 of 2000

Between:

BARANIKA TEWEIA
Appellant

And:

KORATIKA TEWEIA
VERONIKA TEWEIA
TABAI TEWEIA
TEKINENE TEWEIA
TEUNEKE TEWEIA
TEEKORO TEWEIA
Respondents

For the Appellant: Mr Banuera Berina
For the Respondent: Mr Neil Allen

Date of Hearing: 9 April 2001

JUDGMENT
(Ex Tempore)

In July 1978 Teuneke Bakae wrote a letter:

“To Magistrates

Greetings

I ask if you could record my decision over my land in Buariki at Tewaka in order for my children to know which one’s they own if I happen to pass away as follows:

N. Baranika to be registered over the land, and to own the first pit near the road, the second pit to be owned by my daughters namely, N. Baranika, Nei Teneeke, Nei Tabai, Nei Veronika and Nei Koratika, the third pit to be owned by my sons namely Ten Tekinene and Teiboro.

If any of my daughters died issueless, all their pits should be owned by N. Baranika.”

We have had to consider whether the letter should be regarded as a will or as a disposal of property during life.

If it be a will it is defective for not having been witnessed.

If it be a disposal of property during lifetime we have had to consider whether it complies with s.3(1) of the Native Lands Ordinance. Mr Berina has argued strenuously that the next of kin are now all over 18 and a majority of them has given permission for the disposal. There are affidavits on the file to that effect. The problem is that the permission was not given at the time when the letter was written in 1978. We are of opinion that that was the time when the permission was to be given, not now over 30 years later.

The letter fails as a will. It also fails as a gift amongst living people for the reason we have given and also because it was not to be an immediate gift but one to take effect after the death of the writer.

The appeal must be dismissed.

	THE HON ROBIN MILLHOUSE QC CHIEF JUSTICE
TEKAIE TENANORA MAGISTRATE			BETERO KAITANGARE MAGISTRATE