Tiba v Bobai [2004] KIHC 6; Land Appeal 66 of 2000 (16 January 2004)

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

High Court Land Appeal 66 of 2000

Between:

KAUMAKIN TIBA
Appellant

And:

NATAAKE BOBAI
KAEKAUA BOBAI
NAUA IAOKIRI
Respondents

For the Appellant: Mr Aomoro Amten
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 16 January 2004

JUDGMENT
(Ex Tempore)

The appellant's argument is that the Single Magistrate was wrong to find that the decision in CN 135/85 had been obtained by fraud. We agree that the Single Magistrate was too ready to find fraud proved. It is a very serious thing to find fraud and strong evidence is required. The general rule is that silence is not enough to shew fraud. Yet it was the silence of Nei Ariti in 1958 on which the Single Magistrate relied. He was not justified in doing that.

The appeal must therefore be allowed. The Single Magistrate's decision is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate