Tibwere v Borerei [2003] KIHC 169; Land Appeal 13 of 2001 (5 December 2003)

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

HIGH COURT LAND APPEAL 13 OF 2001

BETWEEN:

KATABABA TIBWERE MT MM
APPELLANTS

AND:

N. TENEAA BOREREI
RESPONDENT

FOR THE APPELLANTS: MR JOHN O'SULLIVAN
FOR THE RESPONDENT: MR BANUERA BERINA

DATE OF HEARING: 5 DECEMBER 2003

JUDGMENT
(Ex Tempore)

This is a complex matter. The original decision in the Magistrate's Court was made in 1976 (CN 75/76). The High Court did not hear an appeal until 1988 (28/88). The decision in 1976 was that the land should be divided into three parts. There was no stay pending appeal. In 1985 (CN 65/83) one of the three owners of the land, Rereitaake, sold it to Tebau. At that time Rereitaake had a good title and there was no reason why he should not transfer his title to Tebau. Tebau in 2000 (CN 167/00) transferred the land to N. Teneaa, the respondent. Having a good title it was an effective transfer to N. Teneaa; she acquired ownership.

Certainly the transfers were not in accordance with the decision of the High Court in 1988. That is an unfortunate consequence of such a long delay in the hearing of the appeal. The first transfer to Tebau was a good one and that is decisive. Nothing could be done about that. By the time of the appeal title to one third of the land had already passed to Tebau.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE