Obeta v Obeta [2005] KIHC 21; Civil Case 59 of 2004 (25 February 2005)

IN THE HIGH COURT OF KIRIBATI

CIVIL JURISDICTION

HELD AT BETIO

REPUBLIC OF KIRIBATI

High Court Civil Case 59 of 2004

Between:

MARIA OBETA & ORS
Plaintiffs

And:

TABAKEA OBETA

ERIA MAERERE
Defendants

For the Plaintiffs: Ms Botika Maitinnara
No appearance by Defendants

Date of Hearing: 25 February 2005

ORDER
(Ex Tempore)

The first defendant Tabakea appeared on 31 December and was advised to see a lawyer. Neither he nor a lawyer for the defendants has appeared today. Mr Amten has told the Court that he saw Tabakea on another matter in January but Tabakea did not instruct him.

We have read the affidavit of Maria Obeta. As it is not disputed we accept its contents and refer particularly to paragraph 7. The plaintiffs should succeed on the allegations in paragraph 7: lands of which the plaintiffs claim a share of ownership have been purportedly sold and registered in the name of Eria Maerere without their knowledge or consent. That transaction cannot stand.

The application for an Order of certiorari is granted and the decision of the Magistrates’ Court on 16 October is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice