Taawa v Karotu [2003] KIHC 168; Land Appeal 54 of 2000 (5 December 2003)

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

High Court Land Appeal 54 of 2000

Between:

ERITABETA TAAWA
Appellant

And:

RINEIETA KAROTU
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Mr John O'Sullivan

Date of Hearing: 5 December 2003

JUDGMENT
(Ex Tempore)

The appellant was occupying a house plot in Bairiki. She had no title from the lessor, the Government. The respondent, another house plot occupier perhaps the registered owner from whom the Government leased the land, took proceedings to evict the appellant and was successful.

During the currency of a lease it is only the lessor who may decide what is done with the land – whether to sub-lease it, allow a person to occupy the land without a sub-lease, or allow the land to be vacant. No one else – the owner or anyone lese – has the standing to evict.

The respondent therefore had no standing to take proceedings to evict the appellant.

The appeal is allowed and the order of the Single Magistrate quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate