Tiare (Yee On) v Takoaa [2004] KIHC 280; Land Appeal 05 of 2002 (23 December 2004)

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

High Court Land Appeal 5 of 2002

Between:

TIATA TIARE (YEE-ON)
Appellant

And:

TARABWEBWE TAKOAA
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Ms Botika Maitinnara

Date of Hearing: 23 December 2004

JUDGMENT
(Ex Tempore)

Ms Maitinnara has not been able to get instructions from her clients despite a number of attempts from which the clients must be aware that they should instruct her. Despite the decision of the magistrates the first appellant Teitibwebwe is still, Mr Amten tells us in possession of the land Aonnuka 165¼. Ms Taoaba, then acting, asked the respondents to supply the minutes of CN 4/92 but they did not do so. Those minutes may have relevance: without seeing them we do not know.

The case cannot be allowed to go on for ever. We think the best course of action is to allow the appeal but in case the respondents do instruct Ms Maitinnara to give them six months within which to apply.

Appeal allowed: decision of the magistrates quashed: the respondents have leave to apply within six months.

THE HON ROBIN MILLHOUSE QC
Chief Justice

ERITE AWIRA
Magistrate

RARATU IEITA
Magistrate