Uta v Uta [2004] KIHC 134; Land Appeal 70 of 1991 (8 June 2004)

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

High Court Land Appeal 70 of 1991

Between:

TEANAKO UTA
Appellant

And:

TEBUAKEA UTA
Respondent

For the Appellant: Ms Jennifer Troup
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 8 June 2004

JUDGMENT

The appellant is a younger sister of the respondent. There are other siblings but they do not appear to have taken any part in this dispute. After the death of their mother the Court registered the respondent as owner of the land previously in the mother's name. Later the appellant took these separate proceedings claiming a share for herself but not making a claim on behalf of other members of the family. The magistrates refused her claim saying that they could not alter the land register.

Ms Taoaba has argued that, as the magistrates in effect found, the respondent's title is indefeasible. If the appellant had wanted to challenge it she should have done that when the respondent had gone to the Court to have her name registered: not by taking these later, separate proceedings. There is no suggestion that the appellant did not know of her sister's application for registration nor of any fraud. The respondent's title is indefeasible and should not be disputed.

We accept those arguments. We are happy to be able to come to this decision: the appellant failed over 14 years ago: her siblings have not joined her in challenging the respondent's title. It is time for the matter to be finally settled.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate