In re the Monetary Estate of Korere [2003] KIHC 224; Land Review 05 of 2003 (24 April 2003)

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

HIGH COURT LAND REVIEW 5 OF 2003

IN THE MATTER OF THE DISTRIBUTION OF THE MONETARY ESTATE OF MAUTAAKE KORERE

FOR THE APPLICANT: MR BIRIMAAKA TEKANENE
FOR SOLICITOR GENERAL

DATE OF HEARING: 24 APRIL 2003

JUDGMENT

The Solicitor General wrote to the Chief Registrar on 9 April asking for an urgent review of decisions in the Magistrate's Courts on Christmas Island and South Tarawa. Both decide the distribution of the estate of Mautaake Korere.

The Christmas Island decision cannot stand. The Court had no jurisdiction. I had ordered the transfer of the case from Marakei to South Tarawa on 24 March. As well the applicant on Christmas was the widow of the deceased. She was awarded half the estate and the other half divided equally between the children. On South Tarawa the whole of the estate has been given to the children.

Although we order that the proceedings on Christmas Island be quashed we think that in fairness the lady concerned should have an opportunity at least to be heard at a fresh hearing on South Tarawa. We say that having noted the decision to which the Solicitor General refers in his letter (In the matter of the distribution of the monetary estate of Tenamo Mouata; ex parte Temaia Tiaoti Mackenzie, HCLR 2/2000) which has persuasive authority.

The decision in the South Tarawa Court is also quashed to allow the widow to be present or represented if she so chooses at a fresh hearing on South Tarawa. The date for that hearing should be set far enough ahead for her to be served with notification and to arrange to be present or represented. She also is to be served with a copy of this judgment.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE