Ubaitoi v Atauea [2004] KIHC 241; Land Appeal 79 of 2004 (22 October 2004)

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

High Court Land Appeal 79 of 2004

Between:

TAKARIA UBAITOI
NAMOUA TAKARIA
Appellants

And:

NAOMI ATAUEA
Respondent

For the Appellants: Mr Aomoro Amten
For the Respondent: Mr Banuera Berina

Date of Hearing: 22 October 2004

JUDGMENT
(Ex Tempore)

Mr Berina has argued that we decided the matter on 30 July 2004 in LA 14/04 when we refused an application for review of a decision in CN 193/02. The effect of our decision was that a lease was held to be valid. Mr Berina’s clients then took eviction proceedings against Takaria Ubaitoi the husband of Nei Namoua, the appellant in 14/04.

Takaria through Mr Amten now claims that they live on accreted land not included in the lease and which pursuant to section 16(1) of the Lands Code they own.

Perhaps so but that should be tried out in fresh proceedings for a boundary determination. The High Court cannot try the question in these proceedings. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate