Tiaon v Catholic Mission Abemama [2003] KIHC 7; Land Appeal 29 of 2001 (13 January 2003)

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

High Court Land Appeal 29 of 2001

Between:

TETIRIA TIAON
Appellant

And:

CATHOLIC MISSION ABEMAMA
Respondent

For the Appellant: Ms Emma Hibling
For the Respondent: Mr Aomoro Amten

Date of Hearing: 13 January 2003

JUDGMENT
(Ex Tempore)

The appellant applied to the Magistrates for a declaration that the respondent Catholic Mission was unlawfully occupying her land. The representative of the respondent opposed the application and Mr Amten has vigorously carried on that opposition before us. The magistrates declared that, "In regard to an agreement made by Tiaon the agreement must stay as it is until the Church (has) left the land".

Ms Hibling has very properly reminded us that a Magistrates' Court does not have power to make a declaration (HCLA 20/1999 Beiaruru Kauabanga et anor vs Nonouti Island Council). The purported declaration made by the Magistrates must be quashed and the appeal allowed.

What the appellant should have applied to the Magistrates for was an order for the eviction of the Church from the land: then the question of title could be tried out and the magistrates would have jurisdiction to make an order. It is still open to her to make the application.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate