Tekee v Bakarewe & Uriam [2007] KIHC 54; Civil Case 25 of 2006 (13 February 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
Defendants

For the Applicant: Mr Stephen Earl
For the Defendants:

Date of Hearing: 13 February 2007

MEMORANDUM

The applicant for an order of certiorari is the sister of Nei Roote Tekee Walsh who lives in the United Kingdom. The applicant in all these transactions has acted as attorney for her sister.

In or about 1997 the applicant on behalf of her sister bought a piece of land from Kaeaba Iareta. In 2004 the applicant went to the magistrates’ court and had her sister’s title registered. In 2005 she applied for a determination of the boundaries. The two respondents were at the boundary determination claiming that the first respondent had already sold a part of the same land to the second respondent and had the transfer registered. The Single Magistrate thereupon determined the boundary of the land purported to have been sold to the second respondent and did not go on with the boundary determination sought by the applicant.

There are two matters of concern. The first is that the applicant has not explained the delay in taking proceedings. She had 12 months to seek a review but waited longer.

The second is that although each was served, neither respondent came to court on the day appointed. As I may grant the order I am unwilling to do so without giving each respondent one more opportunity to be heard. Accordingly I adjourn the further hearing of the application to Friday 2nd March and direct personal service on each respondent, notifying each of the day of further hearing and handing him a copy of this memorandum.

THE HON ROBIN MILLHOUSE QC
Chief Justice