Takirua v Rabunaiti [2001] KIHC 12; Land Appeal 53 of 1996 (9 April 2001)

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

High Court Land Appeal 53 of 1996

Between:

TEKATABA TAKIRUA
NIMAREBU NAMANE
TEKEE TEBIRI
Appellants

And:

RABUNAITI & ORS
Respondents

For the Appellants: Ms Taoing Taoaba
For the Respondents: Mr Banuera Berina

Date of Hearing: 9 April 2001

JUDGMENT
(Ex Tempore)

This has been a confusing case. The reason is that the Magistrates’ Court in 1996, although it said the distributions in cases 39/62 and 24/79 were all wrong, went on to confirm them. Finally the register is the authority for title and this shews that Mr Berina’s client, who is the issue of the brother of Tebiri, is entitled to be registered. We cannot go behind that. The only way that could have been challenged would have been on appeal in 1979. There was no appeal. Ms Taoaba when we all looked at the register, conceded that the entry is against her client.

The appeal is dismissed.

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