Onorio v Tiaon [2008] KIHC 2; Civil Case 201 of 2007 (22 January 2008)

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

High Court Civil Case 201 of 2007

Between:

Barerei Onorio
Abitaake Retai
Uatara Kairo
Tierata Tawita
Tikai Tairo
Moamoaba Orobabera
Lavinia & Jacob Teem
Taorooti Beroti
Ata Airam
Tebou Tairo
Tebakabo Tairo
Applicants

And:

Namoua Tiaon
1st Respondent

Attorney General IRO
Lands Court
2nd Respondent

For the Applicants: Mr Banuera Berina
For the 1st Respondent: Mr Raweita Beniata

Date of Hearing: 22 January 2008

JUDGMENT
(Ex Tempore)

Application for certiorari. In 2005 the first respondent in CN 68/05 was registered over a seawall on land Tetua 630/e/1. None of the applicants was a party in the case. According to one of the applicants Tebakabo Tairo, it was not until last November during a boundary determination that they became aware that the first respondent had been registered as owner of the seawall. The applicants claim ownership of it.

Mr Beniata for the first respondent has argued that the applicants cannot possibly be the owners. Ownership of the seawall has nothing to do with them. There was no need for those applicants to be notified of the case in which his client obtained registration. His argument is supported by a number of affidavits.

The respondent may well be right, and on rehearing may succeed on the facts. The point is that the applicants must be given an opportunity to put their case to the Court: they may or may not succeed but they must be given a chance to be heard.

They were not given that chance. Accordingly the decision of the Single Magistrate in CN 68/05 cannot stand.

Application for certiorari granted: decision in CN 68/05 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice