Borerei v Borerei [2005] KIHC 34; Land Appeal 105 of 2004 (11 March 2005)

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

High Court Land Appeal 105 of 2004

Between:

TAMOROMORO BOREREI
Appellant

And:

BERETI BOREREI
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Mr Aomoro Amten

Date of Hearing: 11 March 2005

JUDGMENT
(Ex Tempore)

The Single Magistrate refused to confirm the will of N. Tiebane Raoiroi because he thought she had lost her interest in the land the subject of CN 51/69. In the will she disposed of her interest in that land half to her son Tamoromoro, the appellant and the other half to be divided between her other children. In fact N. Tiebane had not lost her interest in the land as a result of CN 51/69. She was a sister of Taburuea and the finding was “Taburuea Raoiroi with brothers and sisters should be registered on these lands”.

The Single Magistrate was mistaken in saying “Tiebane Raoiroi gave up ownership rights or lost her rights over Tekaawa 664-m in 1969”. She had – contrary to the Single Magistrate’s conclusion – an interest in the land which she could pass on by will. The will should have been confirmed.

The appeal is allowed: the decision of the Single Magistrate set aside and the will of N. Tiebane is confirmed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate