Tekaie v Ambo [2008] KIHC 33; Civil Case 62 of 2008 (20 August 2008)

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

High Court Civil Case 62 of 2008

Between:

Henry Tekaie
Applicant

And:

Taake Ambo
Respondent

For the Applicant: Mr Karotu Tiba
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 20 August 2008

ORDER
(Ex Tempore)

Time within which to apply extended to 5 April 2008.

The applicant resides on land Toaka 722i/1. According to him, - and the facts are not denied by the respondent – the deceased Ambo Terenga owned the land. He gave the applicant a house plot to live on. The applicant has built buildings on the land and has lived there since before the turn of the century. By his will the deceased gave the house plot to the applicant.

These facts were not known to the Single Magistrate because the applicant was not made a party to the case nor was the existence of the will disclosed. Yet the applicant had an interest in the land and should have been given an opportunity to be heard.

He should now be given that opportunity in fresh proceedings. To allow that to happen, I grant the application for certiorari and quash the decision in CN 120/03.

THE HON ROBIN MILLHOUSE QC
Chief Justice