Erenita v Taninga [2004] KIHC 143; Land Appeal 54 of 2003 (17 June 2004)

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

High Court Land Appeal 54 of 2003

Between:

MARIA ERENITA
Appellant

And:

TOOM TANINGA
Respondent

For the Appellant: Ms Katarake Tebweao
For the Respondent: Mr Banuera Berina

Date of Hearing: 17 June 2004

JUDGMENT

The appellant Maria claims that she and her siblings were registered over this land – Karabinobino 686a/2e in CNTK 10/03 and therefore may have the respondent Toom evicted from it. To the contrary Toom claims that he was registered over it in CNTK 11/78. The magistrate in giving what appears to be a long and careful judgment leaves out one crucial piece of information. Her opening sentence is:

The complain regards to the removal of Respondent from the land of the Plaintiff namely Karabinobino.

Unfortunately the Single Magistrate does not give the full reference – Karabinobino what? To decide whether she is considering the plot of land to which Toom was given title in 1978 or the plot to which Maria claims title pursuant to 10/03 we must know the full reference to the title of the land which the Single Magistrate in this case was considering.

We therefore ask the Magistrate to report to us by Monday 19^th July the full title reference to the land she was considering.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate