Barabo v Kiribi [2004] KIHC 181; Land Appeal 25 of 2004 (21 July 2004)

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

High Court Land Appeal 25 of 2004

Between:

UEUE BARABO
BENEUA BARABO
Appellants

And:

RIRI KIRIBI
Respondent

For the Appellants: Ms Taoing Taoaba
For the Respondent: Mr Aomoro Amten

Date of Hearing: 21 July 2004

JUDGMENT
(Ex Tempore)

The fate of this appeal depends on what was done in 1988 and 1990. This court in HCLA 51/85 on 14 July 1988 dismissed an appeal from the decision of the Lands Court Magistrates ordering the eviction of Nei Ariti Naruai from the same land as is the subject of this present appeal. On 4 June 1990 the Acting Chief Registrar wrote a letter to the successful respondent in 51/88, Atanimatang Tearoua as follows:

I refer to our recent discussion with the Hon Chief Justice. In that discussion you will recall that the Chief Justice pointed out that you no longer can evict N. Ariti Naruai on the ground that you do not have the right over the land in question as it is leased by the Government.

I regret to advise therefore, that the chief Justice has set aside his decision in HCLA 51/88 on the ground that he did not have the full facts at the time he made the decision.

It seems to us that the Chief Justice by his own fiat, without reference to the magistrates who had participated with him in the 1988 decision, and without hearing evidence, purported to set aside the decision. With respect we doubt if he had the power to do that.

Both counsel in the present appeal agree that the validity of the decision in HCLA 51/88 is a most relevant factor to the decision of this appeal.

Pursuant to section 13 of the Court of Appeal Act 1980 we accordingly reserve for consideration by the Court of Appeal the question whether the decision in HCLA 51/88 stands or whether Maxwell CJ effectively quashed it by the Acting Chief Registrar’s letter of 4 June 1990.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate