Tibwere v Ianibata [2004] KIHC 283; Land Appeal 65 of 2004 (29 December 2004)

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

High Court Land Appeal 65 of 2004

Between:

BEIATAU TIBWERE
Appellant

And:

TEBUKABANE IANIBATA
TABUTO TOAIRAKE
TIREETA IANIBATA
KARORAINA IANIBATA
Respondents

For the Appellant: Ms Jennifer Troup
For the Respondents: Ms Botika Maitinnara

Date of Hearing: 29 December 2004

JUDGMENT
(Ex Tempore)

All this happened a long time ago, 30 to 35 years. The appellant complains that in 1969 he was given certain lands. In 1974, without, he has sworn, his knowledge a judicial body of the same standing took it away from him.

There are two difficulties for the appellant. The first is time. It is 30 years since he lost the land. He says he found out only recently when he made a search at the archives. The second is that although he says he knew nothing of the 1974 proceedings he does not suggest fraud.

Having read the minute of the 1974 judgment we note that “the respondent failed to attend”. This implies notification to Beiatau to attend and his failure to do so. This Court should and does assume that earlier proceedings were conducted regularly in the absence of indication to the contrary. We are not prepared to assume that Beiatau was not notified of the hearing of the case. Secondly having read the 1974 judgment there is not the slightest suggestion of any impropriety by anyone.

For two reasons – one because it is too long ago and certainty of title requires us to respect what was done 30 years ago, (2) because there is no suggestion let alone proof of fraud - the appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate