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Kakiaba v Teteki [2004] KIHC 147; Land Review 02 of 2004 (17 June 2004)

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


High Court Land Review 2 of 2004


Between:


TIAUE KAKIABA
KAOTIATA KAKIABA
Applicants


And:


BOBAI TETEKI FOR TE UTU
Respondents


For the Applicants: Mr Banuera Berina
For the Respondents: Ms Jennifer Troup


Date of Hearing: 17 June 2004


JUDGMENT


The respondents applied to the Lands Court on North Tarawa for the transfer to them of lands in the name of Kakiaba Tekanene. They relied on an agreement signed by Kakiaba, by then an old man and now deceased, that the respondents should have the land. The present applicants are the children of Kakiaba: they complain they were not given an opportunity to put argument to the Court even though their rights may have been wrongly affected by a transfer.


The applicants should have been notified of the proceedings and been given an opportunity to be heard.


The application is granted: the decision of the 26 May 2003 quashed and the case returned to the North Tarawa Lands court for rehearing. All those who could be affected by the transfer should be given the opportunity to be heard.


THE HON ROBIN MILLHOUSE QC
Chief Justice


BETERO KAITANGARE
Magistrate


RARATU IEITA
Magistrate


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