Kwong Kwong v Karabung [2004] KIHC 291; Land Appeal 91 of 2004 (31 December 2004)

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

High Court Land Appeal 91 of 2004

Between:

KWONG KWONG
Appellant

And:

ROTA KARABUNG (FOR BISHOP PAUL MEA)
Respondent

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

Date of Hearing: 31 December 2004

MEMORANDUM

The point in this appeal is whether a lease renewed for a further period of 21 years needed (or had) the approval of the Court.

Section 9 of the Native Lands Ordinance:

No lease or sub-lease of any native land shall be valid until it has been approved and registered in accordance with the provisions hereinafter contained.

Section 11(2) of the Native Lands Ordinance:

On being satisfied that the land to be leased is the property of the lessor and that the terms and conditions of the lease are fair both to the lessor and the lessee and that if the lease takes effect there will be sufficient land left to the lessor to support himself and his family, the court shall approve the lease and thereupon the presiding magistrate shall cause the clerk to enter a copy of the lease in the court register of native leases and to make an endorsement upon the lease to the effect that it has been approved and registered.

The appellant in his evidence in the court below conceded that there had not been a hearing. Yet Ms Maitinnara is adamant that there was a hearing. We have decided to give her time to search for a minute of a hearing. If she has not been able to find one by the next hearing of this appeal that will be that.

A renewed lease is to be regarded as a new lease. It requires the confirmation by a court in accordance with the sections set out above.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate