Kakiaman v Tangitang [2004] KIHC 187; Land Appeal 72 of 2001 (24 July 2004)

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

High Court Land Appeal 72 of 2001

Between:

IENIMOA KAKIAMAN REP BY TEBOU BAREKIAU
Appellant

And:

KAROTU TANGITANG
Respondent

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

Date of Hearing: 24 July 2004

JUDGMENT

The appellant complains that the magistrates did not consult the Land Register before coming to a conclusion. The lawyers tell us that the ancestors of both parties are registered. The Land Register determines who is entitled to land. It follows that each party has a right over this land.

Ms Taoaba argued that this is a house plot and by custom on Makin that makes a difference. She admitted that there is nothing in the Native Lands Code to that effect. It therefore appears that contrary to the decision of the magistrates the appellant does have an equal right with the respondent to be registered as an owner of the land and to occupy it. No order should have been made to evict him.

The appeal is allowed: the decision of the magistrates is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate