Tekemau v Ereata [2004] KIHC 215; Land Appeal 15 of 2004 (16 August 2004)

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

High Court Land Appeal 15 of 2004

Between:

ATINTA TEKEMAU
Appellant

And:

TEMAIA EREATA
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr Banuera Berina

Date of Hearing: 16 August 2004

ORDER
(Ex Tempore)

Ms Taoaba’s submission is that there was fraud in TT 365/02: her client’s brother Antonio Tekemau told the court that he was the sole owner of the land when he knew that the appellant was also registered as an owner. This was sufficient proof of fraud to set aside the decision.

To enable Ms Taoaba’s submission to be tested it is necessary to see the minutes in 365/02. For them to be obtained, hearing adjourned to Friday 22nd October.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate