Tekee v Bakarewe & Uriam [2007] KIHC 18; Civil Case 25 of 2006 (15 March 2007)

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

High Court Civil Case 25 of 2006

Between:

TERETIA TEKEE (IRO ROOTE TEKEE)
Applicant

And:

AORABU BAKAREWE
KANTARAWA URIAM
Respondents

For the Applicant: Mr Stephen Earl
For the Respondents: Mr Karotu Tiba

Date of Hearing: 15 March 2007

ORDER
(Ex Tempore)

In CNTT 97/04 the Court registered the applicant as owner of the land Takamwaka 594a which she had acquired (whether by sale or gift is not clear) in 1997 from Karaeba Iareta.

In 2005 she happened to be in Court on her application for a determination of the boundaries of her land when, in CN 05/05 the respondents were there also to deal with the same land: the first respondent was selling it to the second respondent. Had she not been at court, by chance, she would not have known of the transaction to which she was not a party.

The rights of ownership of the various parties must be clarified. That should be done in the Magistrates’ Court. As things stand, because of CNTT 97/04 the applicant is the owner of the land. The only way to get clarification is by quashing the decision in CN 05/05 and leaving the respondents to take fresh proceedings in which the applicant is a party.

The application for certiorari is granted, CN 05/05 is removed into this Court and the decision in it quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice