Koikoi v Tiem [2004] KIHC 61; Land Appeal 50 of 2002 (26 March 2004)

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

Land Appeal 50 of 2002

Between:

NEI KOIKOI, VERONIKA TIRARO AO
TE UTU
Appellants

And:

MONIKETI TIEM, KN TEREREI TINIRA,
KN KAAKE TINIRA
Respondents

For the Appellants: Ms Botika Maitinnara
For the Respondents: Mr Banuera Berina

Date of Hearing: 26 March 2004

JUDGMENT
(Ex Tempore)

The appellants were trying, before the Single Magistrate, to challenge a decision made in 1982. The Single Magistrate quite correctly refused to reconsider the 1982 decision. The Single Magistrate was correct for two reasons. First: one Magistrates' Court cannot reconsider and reverse the decision of another Magistrates' Court. Secondly: even if it could reconsider the decision, it was far too late. In 1982 the unsuccessful party could have appealed to the High Court within 30 days but apparently there was no appeal. After the time for appeal expired, that was it. The decision must stand because there is a principle of law described as "certainty of title". People must know that their rights have been finally determined.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE