Tutokorau v Atauea [2002] KIHC 48; Land Appeal 16 of 2002 (4 October 2002)

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

High Court Land Appeal 16 of 2002

Between:

KIRITAAKE TUTOKORAU MT MM
Appellant

And:

KAMWEA ATAUEA
(FOR KN TAWAIA TEBURATA)
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: In Person

Date of Hearing: 4 October 2002

JUDGMENT
(Ex Tempore)

In long and complex Reasons the Single Magistrate seems to have overlooked that the decision in CN/6/63 governs the dispute between the parties. The Single Magistrate concludes:-

As the Plaintiffs were not parties in CN 6/63 in which they were not registered as owners over this estate the issues of T. Tawaia Tebata ought to included as co-owners of the land Tokaibure 648i with Kiritaake Tutokorau with brothers and sisters.

Yet this Single Magistrate does not have the power to over-ride a decision of another Magistrate's Court.

We have received Mr Berina's written submissions and listened carefully to the arguments put in person by the Respondent.

We must allow the appeal. The decision on which the Appellant relies is decisive and must be upheld. It is moreover a decision which has stood now for nearly 40 years.

The appeal is allowed: the decision of the Single Magistrate is quashed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE