Kanimea v Tarataake [2004] KIHC 245; Land Appeal 60 of 2003 (29 October 2004)

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

High Court Land Appeal 60 of 2003

Between:

URO KANIMEA & OTHERS
Appellants

And:

TERIKI TARATAAKE & OTHERS
Respondents

For the Appellants: Mr Banuera Berina
For the Respondents: Ms Botika Maitinnara

Date of Hearing: 29 October 2004

JUDGMENT
(Ex Tempore)

The appellants contend that the Single Magistrate did not consider the question of fraud. The claim goes back at least 30 years, it could be said nearly 60 years. Unless fraud be proved – and it must be proved strictly – then any claim the appellants may have had is many years out of time. Ms Maitinnara in her written submissions points to the evidence the Single Magistrate considered. Fraud was not raised as an issue before the Single Magistrate: apparently it did not occur to him that it could be an issue. Because fraud would, it seems to us, be impossible to prove and because the claim is so old allowing rights to be established these many years we do not think the matter should now be re-opened.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEMAUA TENANO
Magistrate

RARATU IEITA
Magistrate