Toawea v Teuruatarawa [2005] KIHC 6; Land Review 21 of 2004 (11 February 2005)

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

High Court Land Review 21 of 2004

Between:

TOOTI TOAWEA
Applicant

And:

TOKARURU TEURUATARAWA
TENGAO TAOROBA
Respondents

For the Applicant: Mr Banuera Berina
No appearance by Respondents

Date of Hearing: 11 February 2005

JUDGMENT
(Ex Tempore)

One of the respondents was at court on 29 December 2004 and was advised to see a lawyer and to come back to court today. We shall proceed in the absence of the respondent.

The applicant’s complaint is that without her consent or presence or knowledge the court registered the name of Nei Tengao over the applicant’s land. The court made an unexplained mistake in so doing. The mistaken registration should not stand.

The application for review is granted and the decision of the Single Magistrate in CN 14/04 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate