Kautuntarawa v Teiaro [2004] KIHC 101; Land Appeal 22 of 2001 (16 January 2004)

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

High Court Land Appeal 22 of 2001

Between:

KAUTU KAUTUNTARAWA
Appellant

And:

N. TARA TEIARO
N. TIETIE NARIKI
Respondents

For the Appellant: Ms Jacqueline Huston
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 16 January 2004

JUDGMENT
(Ex Tempore)

Ms Huston's client complains his land has shrunk over the years. He asserts that the correct boundary was fixed in the 1950's and that a survey in the 1970's had taken some of his land. It was nearly 30 years before he or his predecessors in title to sought a review of the boundary as fixed in the 1970's. The magistrate having heard evidence confirmed the 1970's boundary. We think he was correct in doing so. The boundary had been accepted for about 30 years. Unless something had occurred to change the existing situation – and nothing had – then the boundary should remain as fixed in the 1970's.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate