Rotiata v Taamoa [2003] KIHC 8; Land Appeal 19 of 2002 (13 January 2003)

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

High Court Land Appeal 19 of 2002

Between:

ATIATA ROTIATA MT MM
(REPRESENTED BY NEI BOBOIA)
Appellant

And:

BAAUA TAAMOA (TEATU)
Respondent

For the Appellant: Mr Aomoro Amten

Date of Hearing: 13 January 2003

JUDGMENT
(Ex Tempore)

Ms Hibling told us that the respondent who has received notification of the hearing today had consulted her on Tarawa but was to see another lawyer to act for her. She did request though that the matter be heard on Tarawa rather than Abemama. Nevertheless the appellant who has come from Tarawa wants the appeal heard here. As the respondent knows of the hearing and is neither here nor represented we have gone on to hear the case today.

Mr Amten explained the point which is a simple one. The magistrates decided that the estate of Ten Takabiri should be registered under the name of Teatu Takabiri as he was not an issueless person.

This decision is in direct conflict with a High Court decision (HCLA 87/82 – Tamoa Takabiri vs Bauro et ors). The Court of which our brother Betero was a member decided that Takabiri was issueless. In the absence of any appeal at the time that decision is binding on all courts. The magistrates were not referred to the decision and cannot be blamed for coming to their own, contrary conclusion but their decision cannot stand.

The question was decided in HCLA 87/82. The appeal is allowed and the decision of the magistrates quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate