In re the Monetary Estate of Teraoi [2004] KIHC 79; Land Review 15 of 2003 (30 April 2004)

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

Land Review 15 of 2003

EX PARTE APPLICATION: TARIMEATA TERAOI

MONETARY ESTATE OF TERAOI

For the Applicant: Mr Aomoro Amten
For the Defendant: Mr Banuera Berina

Date of Hearing: 30 April 2004

JUDGMENT
(Ex Tempore)

In his letter of request for review Mr Amten sets out that the brothers and sisters of the deceased, his clients, were dependants of the deceased and should have had a share in the distribution of the monetary estate.

Mr Berina contra referred us to S.11 of the Native Lands Code which, he submitted, contemplates distribution to children of a deceased. Collaterals come in only if the deceased were issueless. That is not so here. He further submitted that money has always been distributed in accordance with the Lands Code. It was so distributed in this case.

The Court is a little uneasy with Mr Berina's submission as the definition in the Native Lands Ordinance of "native land" is confined to land.

Mr Amten, however, can point to no other statute providing even guidance for a court in the distribution of a monetary estate.

With some hesitation therefore the court refuses the application, being unwilling to disturb a long standing practice of distributing monetary estates in accordance with the Lands Code.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE