Tokataake v Ieuoua [2003] KIHC 243; Land Review 14 of 2002 (14 January 2003)

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

HIGH COURT LAND REVIEW 14 OF 2002
LAND APPEAL FROM DECISION IN 2 AND 3/2002

BETWEEN:

WILLIE TOKATAAKE
APPELLANT

AND:

TERIRIBWE IEUOUA MT MM
BAURO TOKATAAKE
RESPONDENTS

MS EMMA HIBLING FOR WILLIE TOKATAAKE IN THE LAND REVIEW AND FOR BAURO TOKATAAKE IN THE LAND APPEAL.
MR AOMORO AMTEN FOR THE RESPONDENTS IN BOTH

DATE OF HEARING: 14 JANUARY 2003

JUDGMENT
(Ex Tempore)

This has become a most complicated muddle. We think the best course is for the parties to start again. The muddle seerms to have been caused because the name Manoku is sometimes used to describe both the whole of an area owned by Bauro and only a part of that area.

We are anxious not to rob the Respondents of second opportunity to establish their title to the land Anteuri which is another part of the area Manoku. Our order will be worded so as to preserve the respondents' opportunity. If they do take the opportunity they must name as defendants both Bauro and Willie.

The order made by the magistrates in the action 2/2002 (sometimes numbered 3/2002) is quashed but not to the extent of depriving the respondents of the right to take another action against both Bauro and Willie relating to the ownership of the land Anteuri.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

KETERO KAITANGARE
MAGISTRA rE