Temarena v Tauaa [2004] KIHC 83; Land Appeal 38 of 2002 (30 April 2004)

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

Land Appeal 38 of 2002

Between:

TEMARENA MT MM
Appellants

And:

KEKEIA TAUAA
Respondent

For the Appellants: Mr Aomoro Amten
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 30 April 2004

JUDGMENT
(Ex Tempore)

The outcome of this appeal depends on the decision in HCLA 59/81 N. Teenang Maunana v Tebaara Tabanou. The High Court decided that N. Teenang, having only a life interest in the land, could sell only that interest. On her death, as she was issueless, the land reverted to the family of Temarena Tebara. The present appellants are members of the family of Temarena Tebara. Mr Amten has told us that the land has not been sold by them out of the family. They are still entitled to it.

Our view is contrary to the decision of the Single Magistrate who considered indefeasible the title of Taburimai to whom N. Teenang had purported to sell the land. Yet his registration of title was invalid as decided by the High Court in 59/81.

The appeal is allowed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE