Namanoku v Terieta & Temariti [2007] KIHC 19; Civil Case 31 of 2006 (21 March 2007)

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

High Court Civil Case 31 of 2006

Between:

NAUOKO NAMANOKU
Applicant

And:

TARANTEKAI TERIETA
KABURE TEMARITI FOR SDA
Respondents

For the Applicant: Mr Banuera Berina
For the Respondents: Mr Stephen Earl

Date of Hearing: 21 March 2007

JUDGMENT

Application for review or alternatively for an order for certiorari. As the decision – a boundary determination – impugned was made in 1986 (CN BA 26/86) the application for review is out of time. All I consider is the application for certiorari. It appears that the mother of the applicant was not a party to the 1986 decision although her brother Etuati was. She and her family claim they had no knowledge of the decision until proceedings were taken for their eviction from the land in 2005. I find this difficult to understand when Etuati the brother and uncle was a party. However that may be, the effect of the 1986 boundary determination has been that the applicant and family have been living on land to which they have no title and pits to which they do have title are on someone else’s land. The applicant has deposed that the family has been living on this same land since the 60’s without interruption.

The reason advanced for the delay is that the mother of the applicant went to live on Fanning in 1988. In the two years before she went there she did nothing about the 1986 decision. The family did nothing about the 1986 decision until the eviction proceedings were taken in 2005.

I have to balance the interests of both applicant and respondents. However much sympathy I have for one side I have to regard the rights of the other.

After hearing argument both from Mr Berina and from Mr Earl I have come to the conclusion that the principle of certainty of title must prevail. The determination was made in 1986. The respondents have long been entitled to assume it was unchallengeable: that they have a valid title which cannot be disturbed.

The order for certiorari is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice