Reiti v Reiti [2004] KIHC 242; Land Appeal 64 of 2001 (22 October 2004)

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

High Court Land Appeal 64 of 2001

Between:

ROOTI REITI MT MM
Appellants

And:

URIAM REITI
Respondent

For the Appellants: Mr Banuera Berina
For the Respondent: Ms Jennifer Troup

Date of Hearing: 22 October 2004

JUDGMENT
(Ex Tempore)

This is an appeal from North Tarawa: the magistrates gave judgment in February 2001. Why the appeal has taken so long to come on we do not know.

The appellants have two grounds. Having considered them both, on the evidence presented to the Court we do not accept the second ground: that the respondent Uriam unduly influenced his father in the father’s making of this will.

The first ground is substantial: that judgment was given in February 2001 when the appellants were not present and had not been told of the hearing on that day: in particular one of the brothers living on Kiritimati Island knew nothing at all of the proceedings and now on Mr Berina’s instructions could give evidence which the Court should have heard. Ms Troup has argued strongly on behalf of the respondents that the appellants had put their arguments and their absence did not matter but despite her arguments we feel it would be unsafe to allow a judgment to stand when not all of those having an interest may have had the opportunity to be heard. A court must always be careful to give all concerned an opportunity to be heard and should not proceed in the absence of anyone who may be interested unless quite satisfied he or she has been notified of the date and place of hearing.

The appeal is allowed: the decision of the Magistrates quashed and the case returned for re-hearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate