Kaewaka v Teteki [2004] KIHC 229; Land Review 16 of 2003 (10 September 2004)

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

High Court Land Review 16 of 2003

Between:

RANI KAEWAKA
Applicant

And:

BOBAI TETEKI
TEWERA TURABU
IOANE IERERUA
Respondents

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

Date of Hearing: 10 September 2004

JUDGMENT

Having read the papers, having heard Mr Berina and having studied the submissions prepared by Ms Troup and presented to the Court by Ms Taoaba, it seems that the applicant was unaware of the proceedings in this case 63/03: she says she was not summoned nor did she appear.

We notice from the minutes in B/162/99 that the applicant in that case had successfully asserted title over this land.

The applicant should have been heard in these proceedings and was not. That is sufficient for us to grant the application and quash the decision of the Single Magistrate. It will then be for the respondents if so advised to take fresh proceedings of which the applicant must be given notice and an opportunity to be heard.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate