Kakiaba v Noa [2007] KIHC 59; Civil Case 13 of 2006 (22 February 2007)

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

High Court Civil Case 13 of 2006

Between:

KAOTIATA KAKIABA
(FOR ISSUES OF KAKIABA)
Applicant

And:

FAVAE NOA
NARIKI KAIMWANE
BATIRI BATAUA
NEI TEANGIRA BWEBWE
KANONG KORIA
TEMATAAKE NIIAU
HON ATTORNEY GENERAL IRO SM MANTAIA KAONGOTAO
Respondents

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

Date of Hearing: 22 February 2007

JUDGMENT
(Ex Tempore)

Application for certiorari to remove into the High Court and quash the decision of the Single Magistrate in CN 50/04 given on 20 April 2004.

On 13 January 2003 the children of the late Kakiaba applied to the Court to have their names registered over their father’s land. The Court granted the application. At the time of his death an action was pending against Kakiaba by the respondents for the return to them of the same lands. On 10 February 2003 the respondents’ application was granted and the lands registered in the name of the respondents’ ancestors. Next, on 20 April 2004 the respondents applied to the Magistrates’ Court for the registration of their names over the same lands as descendants of their ancestors: that application was granted.

In HCLR 1/04 on 17 June 2004 we granted an application for review brought by the present applicants to quash the decision in the Magistrates’ Court of 10 February 2003 in favour of the respondents. We were not informed of the decision of 20 April 2004. We quashed the decision registering the respondents’ ancestors over the lands. Undoubtedly had we known of the subsequent case in the Magistrates’ Court on 20 April 2004 we would have quashed that decision too: the title of the respondents was based on the title of the ancestors: the title of the ancestors was quashed and consequently the title of the respondents must fall as well.

The application for an order of certiorari is granted and the decision of the Single Magistrate in CN 50/04 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice