In re the Monetary Estate of Bota Tebwebwe [2003] KIHC 249; Land Review 02 of 2002 (4 April 2003)

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

HIGH COURT LAND REVIEW 2 OF 2002

IN THE MATTER OF THE DISTRIBUTION OF THE
MONETARY ESTATE OF BOTA TEBWEBWE;

EX PARTE: AKATA KIONG & MOUEA BOTA

TEROKORAOI TIOTI
APPLICANT

FOR THE APPLICANT: MR AOMORO AMTEN

DATE OF HEARING: 4 APRIL 2003

JUDGMENT

The applicant who was the second, customary, wife of the deceased was not notified of an application for the distribution of his estate. That application was made by the deceased's mother on behalf of the first wife and her two children. A distribution was made in their favour. The court has tried to notify the deceased's mother and first wife of this application on behalf of the second wife. Despite notification on the radio there has been no appearance by N. Akata Kiong or Nei Terei Nunaia. Plainly it would be unfair to allow the distribution to stand. All those interested in the estate must be represented when the distribution of the estate is decided.

The case is returned to the Bairiki Magistrates Court for a fresh distribution. All those interested - the mother, the two wives of the deceased - must be notified of the fresh hearing. In view of our failure to contact the original applicants that may be difficult but every effort should be made.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE