Nakau v Nabuti [2003] KIHC 173; Land Appeal 27 of 2003 (5 December 2003)

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

High Court Land Appeal 27 of 2003

Between:

KABOTAU NAKUA
ARON TEITIKAI
Appellants

And:

TAAKE NABUTI & ORS
Respondents

For the Appellants: Mr John O'Sullivan
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 5 December 2003

JUDGMENT
(Ex Tempore)

The appellant's complaint is that fraud tainted the decision of the Land Commission in 1948. The Land Commission decided that Teariki had four issue: now Teariki's descendants, the appellants, come along and say there were only two.

Mr O'Sullivan emphasizes that before the Single Magistrate, the parties were unrepresented and if there had been lawyers the question of fraud would have been canvassed more effectively. Certainly if the question of fraud is raised in a court it should be considered. It was raised here and the Single Magistrate's very natural reaction was that it's too late after more than 50 years. We agree. It is far too late – unreal really – to go back and try to upset a decision which has stood for so long. If there were fraud it should have and we venture to say, would have come to light long ago.

Besides if we were to allow this appeal, as Ms Taoaba for the respondent has argued, it would open the floodgates. People would be encouraged to try to reopen many cases. Certainty of title requires this should not happen.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate