Nakau v Kabwebwenibeia [2004] KIHC 232; Land Appeal 02 of 2003 (10 September 2004)

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

High Court Land Appeal 2 of 2003

Between:

KABOTAU NAKAU
TETABO MARANIA
RARATU IEITA
Appellants

And:

ARAWATAAKE KABWEBWENIBEIA
EMI BOB
Respondents

For the Appellants: Ms Botika Maitinnara
For the Respondents: Mr Aomoro Amten

Date of Hearing: 10 September 2004

JUDGMENT

This case has been returned to us by the Court of Appeal, the Court having found that we were in error in refusing leave to appeal out of time. We had assumed the period to be 55 years. In fact it was less than five months between the decision of the Single Magistrate and the filing of the Notice of Appeal from that decision. We extend the time within which to appeal from the Single Magistrate’s judgment of 28 July 2002 to 5 December 2002.

The substantial question is whether Nei Rannatu in 1947 obtained registration of title over the land by fraud. To succeed in this claim those asserting fraud must shew fraud beyond reasonable doubt. A Single Magistrate is better equipped to hear and decide that issue than we are. The Single Magistrate who heard the case touched upon it in his reasons but did not make a definite finding. We return the case to the Magistrates’ Court for rehearing either by the same or another Single Magistrate. The parties should be given the opportunity to call further evidence if they be so advised.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

TEMAUA TENANO
Magistrate