Taun v Heinrich [2007] KIHC 132; High Court Civil Case 67 of 2007 (4 September 2007)

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

High Court Civil Case 67 of 2007

BETWEEN:

IOANE TAUN
TARANGAUEA TERORON
KARIBATAAKE RURUTAAKE
Applicants

AND:

EIGIGU ANDREW HEINRICH MT MM
Respondents

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

Date of Hearing: 4 September 2007

JUDGMENT

Application for certiorari to quash an adoption in 1969 and a decision in 1987 by which the daughter adopted in 1969 inherited lands from her adopted mother. The adopted daughter married, had issue and has died.

The ground upon which the application is based is that the child adopted was not Gilbertese, not an I-Kiribati, that she came from the Ellice Islands but her adopting mother was Gilbertese. The adoption was unlawful and should be quashed. It follows the applicants say, that her inheritance in 1987 also should be quashed.

One shudders to think what the legal consequences might be if the application were to succeed!

The Court is always unwilling to interfere with established status the more so as time goes past. The adoption was done 38 years ago. Whatever the rights and wrongs of the adoption may have been it has stood unchallenged. I am not prepared to interfere with it now.

It follows that the 1987 decision should also stand.

The application is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice