Kakiaman v Akoi [2003] KIHC 214; Land Appeal 37 of 2002 (5 November 2003)

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

HIGH COURT LAND APPEAL 37 OF 2002

BETWEEN:

NEI MERETIA KAKIAMAN
APPELLANT

AND:

N. KOIN AKOI & OTHERS
RESPONDENTS

FOR THE APPELLANT: MR KATARAKE TEBWEAO
RESPONDENT IN PERSON

DATE OF HEARING: 5 NOVEMBER 2003

JUDGMENT
(Ex Tempore)

The core of the appellant's complaint is that the Court in 1974 was in error and that error should now be corrected. Since 1974 there have been several cases attempting to overturn the 1974 decision: they have failed.

We pointed out to Mr Tebweao and he acknowledged that this decision has now stood for a long time, 29 years. Even if it had been a wrong decision, which we doubt, it has stood for so long that the Court would be most unwilling to upset it now. The law aims to give certainty of title: even a mistake made originally may be cured by the passing of time.

N. Koin who presented a written argument has submitted that the Single Magistrate had no choice but to confirm the 1974 decision. She is correct. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE