Teraku v Kabiri [2003] KIHC 263; Land Appeal 36 of 2002 (5 November 2003)

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

HIGH COURT LAND APPEAL 36 OF 2002

BETWEEN:

NAARO TERAKU
APPELLANT

AND:

EREKITE KABIRI & ORS
RESPONDENTS

FOR THE APPELLANT: MR KATARAKE TEBWEAO
FOR THE RESPONDENTS: MR BANUERA BERINA

DATE OF HEARING: 5 NOVEMBER 2003

JUDGMENT
[Ex Tempore]

The basic complaint of Mr Tebweao on behalf of the appellant is that a decision as to title of this land, given in 1483 was obtained by fraud and should he set aside. The Single Magistrate found that "the plaintiff has not shewn sufficient evidence to support fraud". We should not upset that finding; it is a finding of fact, and it appears to be correct.

Had the appellant been able to establish fraud then the Court would have been justified in examining and perhaps quashing a decision made as long ago as 20 years. Without fraud the Court is not prepared to reconsider a decision which has stood for so long. Certainty of title requires that it stand.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE