Bwabwaraua v Bwebwetaake [2004] KIHC 189; Land Appeal 71 of 2001 (25 July 2004)

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

High Court Land Appeal 71 of 2001

Between:

ROMAREWE BWABWARAUA
Appellant

And:

SAMALA BWEBWETAAKE
Respondent

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

Date of Hearing: 25 July 2004

JUDGMENT

The ancestors of each party were registered as owners of the land which we are told is quite a large plot. The appellant had a house on the land: went to Tarawa. When she came back she found that the respondent had put her house on the same piece of land. So both appellant and respondent had houses on the land. The land register is decisive as to ownership. The title of a person registered as an owner of a piece of land cannot be taken away. However both these ladies have title to this piece of land: both are occupying it. Neither has a better title than the other. We think the proper decision is that both should be permitted to remain in occupation.

That means this appeal is allowed and the order of the magistrates that the appellant vacate is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate