Kaibakia v Taake [2003] KIHC 130; Land Appeal 20 of 2000 (31 October 2003)

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

High Court Land Appeal 20 of 2000

Between:

N. MARIA KAIBAKIA
Appellant

And:

KABIRIERA TAAKE
IANNANG KAIBAKIA
BURANGKE KAIBAKIA
Respondents

For the Appellant: Mr Aomoro Amten
For the Respondents: Mr Banuera Berina

Date of Hearing: 31 October 2003

JUDGMENT
(Ex Tempore)

In 1994 (CN 5A/94) the Court ordered "Maria Kaibakia's house-plot shall be registered on Taake Kaibakia's portion at Tabito 762m and the length of Maria's place on the ground should be seen at the time of our sight visit".

It seems that the magistrates never did go to the site to see the length of the appellant's place on the ground.

In 1999 (CN 43/99) the Single Magistrate invited the members of the family to divide the land, starting with Taake at the lagoon side and finishing with Anna at the ocean side. He finished his reasons "It is up to the issues to decide the boundary of each plot or the division of their plot and if they wish, they can bring it to Court for their distribution to be confirmed". There never has been confirmation.

Mr Berina for the respondents submitted that this appeal is premature: the boundaries should first be confirmed as suggested by the Single Magistrate in 1999. Then if the appellant Maria is not satisfied she may take proceedings against Taake to carry out the 1994 decision. We accept the submission.

The appeal is dismissed but the case returned to the Magistrate's Court to complete the process suggested by the Single Magistrate in 1999.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate