Tuteke v Titau [2003] KIHC 112; Land Appeal 25 of 2001 (3 October 2003)

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

High Court Land Appeal 25 of 2001

Between:

TEURITAAKE TUTEKE MT MM
Appellants

And:

KIABAU TITAU
Respondent

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

Date of Hearing: 3 October 2003

JUDGMENT
(Ex Tempore)

In case 390/86 the Magistrates came to this decision:

The total amount of the lease payable is $701.47 and the share of Nei Teango is $300.00 and Kiabaua is $401.47. Teango will remain on her land Arebetau and Kiabaua on the remaining lands.

In the present case 346/99 the Single Magistrate appears to have overlooked that, although the ownership of the lands was settled between N. Teango and Kiabaua, the rents were decided on another basis – of the total rent of $701.47 N. Teango was to have $300 and Kiabaua $401.47. The decision as to the proportions in which the rent was to be shared stands. The Court has been told that the total rent is now greater. Nevertheless the present rent should still be shared in the same proportions.

The appeal is allowed, the decision of the Single Magistrate quashed and the case returned to the Magistrate's Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate