Rotiata v Taroro [2003] KIHC 19; Land Appeal 59 of 2002 (14 January 2003)

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

High Court Land Appeal 59 of 2002

Between:

ATIATA ROTIATA
REPRESENTED BY BOBOIA
Appellant

And:

BAUETI TARORO
MOMOTI TARORO
Respondents

For the Appellant: Ms Emma Hibling
For the Respondents: Mr Aomoro Amten

Date of Hearing: 14 January 2003

JUDGMENT
(Ex Tempore)

This appeal concerns the exchange of land in 1979. The lands are described in the second paragraph of the Magistrates' judgment in 23/2002. Taroro's lands were exchanged and the respondents in these proceedings are claiming them back. They succeeded in the Magistrates' Court as set out in paragraph 7 of the judgment.

The respondents have not been represented in court but both have addressed us either in person or by representative. We feel sympathy for them but are unable for two reasons to let stand the judgment they obtained in the court below.

The first reason is that the matter was decided in 1979 and it is now too late to reverse a decision made over 20 years ago. When rights have become established the law does not allow them to be taken away. There was no appeal in 19/1979. A court may have considered an appeal even a year or so out of time but none at all was taken. Unfortunately the actions taken by the respondents from time to time were ineffectual. So that is the first reason: it is now too late to interfere with a decision which established rights and which was made in 1979.

The second reason is that the Magistrates' Court in 2002 did not have the power to reverse or to vary a decision of another magistrates' court: in this instance the Magistrates' Court in 1979. The only way the decision could have been reversed or varied was by appeal at the time and there was no appeal.

We note that in 1979 only the southern half of Barebutana was exchanged: the northern half was retained.

The appeal is allowed and the decision in the Magistrates' Court is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate