Kareke v Makin Island Council [2003] KIHC 212; Land Review 06 of 2003 (5 May 2003)

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

HIGH COURT LAND REVIEW 6 OF 2003

BETWEEN:

BWEBWETAAKE KAREKE
BURETI KORIRI MT MM
APPLICANTS

AND:

MAKIN ISLAND COUNCIL
1ST RESPONDENT

AND:

NEI MONETI MANITAAKE
2ND RESPONDENT

FOR THE APPLICANTS: MR BANUERA BERINA
FOR THE 1ST RESPONDENT: MR BIRIMAAKA TEKANFNE

DATE OF HEARING: 5 MAY 2003

JUDGMENT
(Ex Tempore)

A Single Magistrate sitting as the Makin Island Magistrates Court in November 2002 considered the execution of a lease over land Tekinimakin 140 but did not complete consideration. The Single Magistrate did order however that all interested parties should be notified of a future hearing. In March 2003 the Court, then consisting of five magistrates, went ahead to make an order when only the Island Council and Nei Moneti were present. Mr Berina who appears for persons holding interests in the land amounting to ¼ complains on behalf of his clients that they were not notified of the hearing nor heard. Mr Tekanane for the Council relies on regulation 5(2) of the Native Lands Leases Regulations under the Native Lands Ordinance. This sets out that the signature of one joint owner shall be binding on all joint owners. A single signature perhaps but the regulation does not imply that the Court need consider the view of only one joint owner. The Court should have taken into account the views of all landowners, the more so when an order had been made previously that all should be notified of the further hearing.

The decision of the Magistrates Court made on 19 March is quashed and the matter returned for a fresh hearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE