Takirua v Beiata [2003] KIHC 246; Land Apppeal 05 of 2000 (3 March 2003)

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

HIGH COURT LAND APPEAL 5 OF 2000

BETWEEN:

BANGITA TAKIRUA
FOR TAKIRUA TAUMARAWA
APPELLANT

AND:

TANGAUA BEIATA
TAOIA BEIATA
RESPONDENTS

FOR THE APPELLANT: MS TAOING TAOABA
FOR THE RESPONDENTS: MR AOMORO AMTEN

DATE OF HEARING: 3 MARCH 2003

JUDGMENT

This is a dispute about a house which has been built on the appellant's land. The Single Magistrate in his judgment said:

This Court finds that there was an agreement regarding the erection on Applicants land "Taebonteang 660-e/2" therefore this Court decides as follows.

1^st Respondent is to enter into an agreement allowing her to settle on the Applicant's land, "Taebonteang 660-e/2" and these are his options:

(i) She is to obtain a lease

(ii) She is to exchange a land or pit for the settlement

(iii) She has to purchase it

The Respondent had already settled on the land. Pursuant to S.17 of the Lands Code a person is free to remain in occupancy so long as he or she does one of the things set out in the Section. The Single Magistrate plainly had this section in mind.

That the Respondent had already settled on the land distinguishes this case from the situation which the Court presided over by Jones CJ had in mind [Tebwetua Tekaiti, Ata Taraia, Beia Kaitara] when it said "thus section 17 provides that householders are free to remain in occupancy - to remain, not to enter or re-enter".

The Single Magistrate is not in error.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE