Barabo v Kiribi [2004] KIHC 231; Land Appeal 25 of 2004 (10 September 2004)

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

High Court Land Appeal 25 of 2004

Between:

UEUE BARABO
BENEUA BARABO
Appellants

And:

RIRI KIRIBI
Respondent

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

Date of Hearing: 10 September 2004

JUDGMENT

The Court of Appeal in LA 1/04 decided that the decision in HCLA 51/88 stands. That was an appeal from an eviction order: the appeal was dismissed. It follows from the Court of Appeal decision that the eviction order stands. The ancestor of the respondent was the subject of the order. It follows that the respondent does not have any right to occupy the house plot. The appellants have that right and are in occupation and have the right by law.

The appeal is allowed and the order of the Single Magistrate made on 28 November 2003 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate