Terukaio v Erengia [2002] KIHC 38; Land Appeal 12 of 2002 (20 September 2002)

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

High Court Land Appeal 12 of 2002

Between:

MOOTE TERUKAIO
Appellant

And:

MARIA ERENGIA
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 20 September 2002

JUDGMENT
(Ex Tempore)

The facts of this matter are complex but we do not need to canvass them. We have received most helpful written submissions from both counsel. Mr Berina has advanced three arguments in favour of his client. Despite Ms Taoaba's arguments to the contrary we find the third of Mr Berina's arguments decisive.

At the end of the respondent's evidence is this question and answer:

17. You accept that you are now occupying the land that was given to Mote by the Court in 1987?
    
1. I accept.
   

That is a clear admission by the respondent. It seems to have been overlooked by the Single Magistrate in coming to a decision.

Ms Taoaba replies that if her client does not have this land then she has none and that is contrary to the records of title. Mr Berina's answer is that in 1987 there was an exchange of land which did not involve the respondent: her land must be somewhere else.

The appellant will have an order for eviction. The appeal is allowed: the respondent is to vacate the land which she is now occupying, together with her belongings, within three months i.e. by 20 December 2002.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE