Anata v Uruatarawa [2004] KIHC 27; Land Appeal 62 of 2000 (13 February 2004)

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

High Court Land Appeal 62 of 2000

Between:

KIRERA ANATA
Appellant

And:

TOKARURU URUATARAWA
Respondent

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

Date of Hearing: 13 February 2004

JUDGMENT
(Ex Tempore)

This is an application for review of proceedings in CN 142/99. The applicant complains that she was not a party and that the first respondent had already sold the land, the subject of the proceedings, to her. Here the first respondent was selling it again, this time to the second respondent. The Court did not know of the first purported sale.

It is essential that all those who may have an interest in a piece of land be parties to proceedings concerning the land and have an opportunity to be heard by the Court. It did not happen in this case and it should have.

At the next hearing the appellant and the two respondents must be given an opportunity to put their cases to the Court. The decision of the Single Magistrate is quashed and the case returned to the Magistrate's Court for hearing again.

THE HON ROBIN MILLHOUSE QC
Chief Justice

ERITE AWIRA
Magistrate

RARATU IEITA
Magistrate