Buranina v Nantoki [2004] KIHC 99; Land Appeal 48 of 2002 (12 February 2004)

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

High Court Land Appeal 48 of 2002

Between:

MARETA BURANINA MT M TE UTU
Appellants

And:

NANTOKI IBUKIN UTUN TERANGAWI
AO TERAUMWEMWE
Respondents

For the Appellants: Ms Jacqueline Huston
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 12 February 2004

JUDGMENT
(Ex Tempore)

The appellant complains of a decision made in 1948 which she asserts was obtained by fraud. Her ancestor Teariki had only two children but in 1948 the forebears of the respondents claimed there were four children. The 1948 decision is based on that claim. The Single Magistrate gave judgment in favour of the respondents, in the course of his judgment saying "It is very difficult to accept the evidence of the plaintiff because it has been 50+ years since the registration of the defendants over land Antebuka". We agree with him.

Ms Huston urges us that there is no time limit when fraud is alleged. That is true but the answer is that fraud must be strictly proved. It has not been. All that was before the Single Magistrate and now before us are the assertions of the appellant. That is not enough to prove fraud. We doubt whether after more than 50 years it would ever be possible to prove that the 1948 decision was based on a fraud.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate