Nabuti v Kureta [2007] KIHC 128; High Court Civil Case 75 of 2007 (9 August 2007)

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

High Court Civil Case 75 of 2007

BETWEEN:

MOKE NABUTI
Applicant

AND:

TENNA KURETA
Respondent

For the Applicant: Ms Jane Fiske
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 9 August 2007

JUDGMENT
(Ex Tempore)

In 1978 Kiaben, who is now dead, went to the Court and had the name of Nei Tenna registered over the land at Bikenibeu now in dispute. He told the Court it was the wish of his father Nabuti, the then registered owner, that Nei Tenna should have the land. She has occupied the land ever since. She has built a permanent house.

The siblings of Kiaben of whom the applicant is one, assert they never knew that Nei Tenna had been registered on the land: Kiaben did not tell them: they thought she had only been allowed to occupy it. They made no enquiries, no search, to confirm that their father was still registered. The weight of evidence is that they knew she was occupying the land all this time but they never checked the title to it.

I reminded Ms Fiske of the principle of certainty of title. People may believe after some time that their title is secure as registered owner of a piece of land and cannot be disturbed. This case is a good example of why. Nei Tenna is now an old lady. If the application were to be granted her title would go: she would have no title to this piece of land and one wonders where she would live.

The application is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice