Tearoua v Aree [2005] KIHC 23; Land Review 22 of 2004 (25 February 2005)

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

High Court Land Review 22 of 2004

Between:

ATANIMATANG TEAROUA
Applicant

And:

AREE TEUNAIA
TAAINGA TEUNAIA & ORS
Respondents

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

Date of Hearing: 25 February 2005

JUDGMENT
(Ex Tempore)

In LA 31/04 we ordered a stay of proceedings in CN 143/04 pending a review of the decision. Subsequently we allowed the appeal in favour of Atanimatang. Notwithstanding the stay the respondents had their names registered on the land. That should not have happened. The stay should have been obeyed. Ms Maitinnara concedes the application. Application for review granted. The decision of the Single Magistrate in CN 143/04 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate