Bitiare v Mamoe [2003] KIHC 64; Land Appeal 76 of 1997 (13 May 2003)

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

High Court Land Appeal 76 of 1997

Between:

TIO BITIARE
Appellant

And:

MERABE MAMOE
Respondent

For the Appellant: Ms Jacquiline Huston
For the Respondent: Mr Aomoro Amten

Date of Hearing: 13 May 2003

JUDGMENT
(Ex Tempore)

In May and June 1982 Bitiare Tataua, purported to divide his land between the appellant and his siblings, the children of his second wife of the first half and the children of the first wife and a month later to Merabe of the second half so that the appellants had one half and Merabe the other. Mr Amten for the respondent contends that the Lands Register shews these transactions only as encumbrances recognizing the rights and interest of the children and Merabe but not as transfers. We think they should be regarded as transfers and that they established from then on the rights and interests of the parties.

In 1988 Bitiare went back to the court and purported to transfer the appellants' half of his original lands to Merabe so that she would have the whole. The appellants were not parties to these proceedings, and knew nothing of them. In 1997 when Merabe began physically to encroach on the appellants' half the appellants took the proceedings from which this appeal is brought. The magistrates confirmed the 1988 decision, finding for the respondent. This was an error because the 1988 decision was itself wrong, disturbing as it did rights which had become established in 1982.

It follows that the appeal must be allowed and the decision of the magistrates quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate