Eria v Tebau [2001] KIHC 13; Land Appeal 44 of 2000 (9 April 2001)

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

High Court Land Appeal 44 of 2000

Between:

TEMAAKA ERIA
Appellant

And:

IOSABATA TEBAU & TEMARATI NAMAKIN
Respondents

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

Date of Hearing: 9 April 2001

JUDGMENT
(Ex Tempore)

This is a very unsatisfactory situation and the Court can see no way of doing justice to the parties.

The magistrates in their finding say,

“After going through the evidence the Court observes and accepts that the first registration of Temaaka Eria’s name from Arobati is in case NT 84/98. In case 47/99 Iosabata and Temarati Namakin’s names were registered on the same piece of land. The Court erred in both Minutes during the registrations, as they didn’t see that Arobati is the landowner with his sisters. Despite that, the Court finds from case 47/99 that there is extra land remaining of the concerned land and since Temaaka had just settled with his family and can’t move, the claim should be accepted.”

The lower court thereby acknowledge the mistakes in registration.

What is to be done? Mr Allen urges that his client’s registration came first and therefore should prevail. On the other hand had his client consulted the register he would have seen the sisters of Arobati were registered with him as owner. The present respondents bought the land from a sister and were properly registered as owners.

Unfortunately one side or the other must, because of mistakes in registration, suffer injustice. We can see no way of avoiding that.

There is no provision, as we respectfully recommend to Parliament there should be, for rectification of the register. If there were, perhaps we might have been able to put right an unjust situation.

As it is we must uphold the decision of the magistrates. The appeal is dismissed.

There will be a stay of execution of the eviction order until the next sitting of the Court of Appeal provided the present appellant lodges and serves a Notice of Appeal within 6 weeks of today: otherwise the stay will lapse in 6 weeks from today.

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