Inanoi Cooperative Society v Kiribati Supply Co Ltd [2004] KIHC 281; Land Appeal 70 of 2004 (29 December 2004)

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

High Court Land Appeal 70 of 2004

Between:

INANOI COOPERATIVE SOCIETY
Appellant

And:

KIRIBATI SUPPLY CO. LTD
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Mr Banuera Berina

Date of Hearing: 29 December 2004

JUDGMENT
(Ex Tempore)

Application for judicial review of a decision of the Magistrates’ Court (CN 161/99) registering the respondent KSCL on land plot Barengkin 671 in place of the appellant Inanoi Cooperative Ltd. The Co-op had sold its interest in the land for $47,000 which it was duly paid.

The Court minute shews that the then General Manager appeared for the appellant saying he had the authority of the Committee for the transaction. It is not asserted that he did not. The General Manager has since been replaced and there is a new Committee.

Yet the appellant Inanoi is still the same body. The present Committee and officers are bound by the actions of their predecessors. An organisation holds out its General Manager as having authority to act in its name. The Magistrates’ Court and the respondent KSCL were entitled to assume that the General manager was acting on the instructions of the Committee.

The Court below acted properly and this Court should not interfere with what was done.

The application for review is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate