Kakiaba v Wetari [2004] KIHC 192; Land Review 02 of 2003 (30 July 2004)

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

High Court Land Review 2 of 2003

Between:

NEI KAOTIATA KAKIABA
NEI TIAUEE KAKIABA
TEKABATIKUA TOROMON
Applicants

And:

EERU WETARI FOR KANOAN KAABO
AND KANOAN TEAKATAU
Respondents

For the Applicants: Mr Banuera Berina
No appearance for Respondents

Date of Hearing: 30 July 2004

JUDGMENT
(Ex Tempore)

Although a radio announcement has been made, no appearance by respondents. We have proceeded in their absence.

Having read the application and heard Mr Berina it seems that his clients, the children of Kakiaba, were not notified of the hearing when they should have been as they had an interest in the land.

We grant the application. The order of the Single Magistrate in CN 235/02 is quashed. If the respondents take fresh proceedings the applicants and all others who may have an interest in the land must be notified of the hearing and be given an opportunity to be heard.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate