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Neemia v Moantewa [2007] KIHC 131; High Court Civil Case 66 of 2007 (3 September 2007)

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


High Court Civil Case 66 of 2007


BETWEEN:


NEI TINAMWE NEEMIA
Applicant


AND:


TEBANTAAKE MOANTEWA
TEITINREREI NAREKE
Respondents


For the Applicant: Mr Karotu Tiba
For the Respondents: Mr Banuera Berina


Date of Hearing: 3 September 2007


JUDGMENT


The applicant claims to have bought a seawall from the person who built it. That person was evicted from the land adjoining the seawall. The Court found that the person evicted from the land had no right of occupation, was not the owner of it. From that it follows that the person evicted had no title over the seawall and consequently no title to pass to the present applicant.


In her affidavit supporting t his application the applicant has sworn, "I am the registered owner of the seawall". Mr Tiba has not been able to produce any evidence of registration. Mr Berina has pointed out that in 2004 the applicant made the same assertion but could not back it up. There is no evidence that the applicant has any title to the seawall. Nor could she have as the person who purported to sell it to her had no title either.


Apart from not having any interest in the seawall, the applicant is trying to overturn a decision made in 2001. She has given no convincing reason to excuse the delay of nearly six years.


The application is refused.


THE HON ROBIN MILLHOUSE QC
Chief Justice


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