Nanotasi Cooperative Society v Kiribati Supplies Company Ltd [2004] KIHC 233; Land Appeal 66 of 2004 (13 September 2004)

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

High Court Land Appeal 66 of 2004

Between:

NANOTASI COOPERATIVE SOCIETY
Appellant

And:

KIRIBATI SUPPLIES COMPANY LTD
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Mr Banuera Berina

Date of Hearing: 13 September 2004

JUDGMENT

In 1998 the respondent bought land from the appellant. As the respondent is a limited company the transaction was in the name of Ioteba Redfern as trustee for the respondent. This land had been bought in 1988 by the appellant from Mweretaka Tekaie with the condition that if the appellant ever wished to sell the land it could sell only to the original owner, Mweretaka. That condition does not appear in the minutes of CN 293/98 confirming the sale to the respondent and was not disclosed.

Now the appellant wants to set aside the transaction on the ground of the breach of the condition that resale could only be to Mweretaka.

Besides this being an application for leave to appeal about five years out of time, the whole proceeding is misconceived. The only person who could complain of the breach of the condition is Mweretaka. It is he, if anyone, who could take proceedings.

The application for leave to appeal out of time is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate