Teakirere v Betero [2008] KIHC 30; Civil Case 115 of 2007 (12 August 2008)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 115 of 2007

Between:

Taara Teakirere
Applicant

And:

Tekirati Betero
Mareta Tekirati
Respondents

For the Applicant: Ms Meghann Everett
For the Respondents: Sr Bernadette Eberi

Date of Hearing: 12 August 2008

JUDGMENT
(Ex Tempore)

Application for an order for certiorari to quash the decision in CN 522/1993 in which the applicant is shewn to have sold her land Batuotuo 635u to the respondents.

Ms Everett challenges the validity of the minute of the decision and its accuracy. As I pointed out to Ms Everett irregularities in the recording of minutes are common. On the face of it this minute looks genuine: on the balance of probabilities I accept it is accurate. The minute shews the applicant to have been present and to have accepted the agreement. Furthermore the respondent Mareta Tekirati has deposed that she actually drove the applicant to the Court for the hearing.

Be that as it may, the applicant has acknowledged in her affidavit that she has known about the sale since 1997 when she "found out that my name was no longer registered over the land Batuotuo 635u/1" (para 6). Yet this application was not made until July 2007: ten years later.

The applicant had known about this transaction if not for 14 years then for at least 10 before she took action. I do not accept that she could do nothing all that time to find the respondents and to protest at what she says they have wrongly done to her. In the meantime the respondents have themselves sold part of the land to a third party.

The application is too late and no good reason has been advanced for the failure to make application earlier.

Time within which to apply for the writ of certiorari is not extended.

The application is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice