Tibwere v Taaretiita [2006] KIHC 20; Civil Case 58 of 2005 (19 January 2006)

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

High Court Civil Case No. 58 of 2005

Between:

BUNAUA TIBWERE & OTHERS
Applicants

And:

ARATAAKE TAARETIITA
Respondent

For the Applicants: Ms Berenike Iuta
For the Respondent: Mr Glenn Boswell

Date of Hearing: 19 January 2006

JUDGMENT
(Ex Tempore)

In HCLA 197/84 the Court decided that the western half of land Tewintaake 751n/1 should be registered in the name of Arataake and the eastern half in the name of Bunaua.

In 2003 there were two cases in the Magistrates’ Court. In CN 87/03 on 20 February Bunaua applied for the registration of his name with sisters over the whole of the land Tewintaake 751n/1. Bunaua made assertions to the Court which appear to be contrary to facts set out in the judgment in HCLA 197/84: that is, that Baraiti Baraiti had died issueless when in fact Baraiti had issue and Arataake is one of his descendants. Arataake was not a party to 87/03. The Court accepted what Bunaua asserted, registered him with sisters etc. over the land Tewintaake 751n/1.

In December 2003 Arataake not knowing of 87/03 went to court in CN 19/03 and obtained confirmation of his title to the western half of Tewintaake 751n/1. Bunaua was not a party in 19/03 and knew nothing of it.

Now each has applied for certiorari for leave to appeal out of time from the decision contrary to his interests.

The confusion as to who should be registered as owner over which piece of land should be cleared up. That can only be done by the Court considering the two 2003 Single Magistrates’ decisions.

Leave granted on each application. The applications should be heard together by the Court constituted to hear land appeals.

THE HON ROBIN MILLHOUSE QC
Chief Justice