Tinoa v Tianuare [2004] KIHC 282; Land Appeal 69 of 2001 (29 December 2004)

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

High Court Land Appeal 69 of 2001

Between:

TAKORIRI TINOA
Appellant

And:

TUTU TIANUARE
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Ms Botika Maitinnara

Date of Hearing: 29 December 2004

JUDGMENT
(Ex Tempore)

When this case was before us on 3 December we left it part heard for the translation of the minute of Tutu’s adoption in 78/63. We made a note and that note (headed “Memorandum”) should be read with these reasons.

[MEMORANDUM

The respondent Tutu was adopted by the late Nei Keke. He has inherited land from her. At present he is issueless. The appellant argues that Tutu is not entitled to give away the land as he wishes to do. Ms Taoaba has relied on S.9(iv) of the Code. This is not a gift. Tutu took by inheritance pursuant to S.9(iii) but the subsection provides for a direction by the adopting court. Ms Taoaba has given us the minute of adoption. This is to be translated so that we may see what direction was given (N. Keke inherited the land from her mother). But what do we do if no direction given?]

The minute of adoption is simply that, the adoption of Robuti (now knewn as Tutu) by Nei Keke and her husband. No direction as required by S.9(iii) of the Code was given. N. Keke has died and Tutu has inherited this land from her. It was not a gift to him during her lifetime. He has the land by inheritance. Sections 3(iv) and 9(iv) of the Code do not apply.

We can see no bar to Tutu disposing of this land even though he is until the present issueless. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate