Tabora v Uruatarawa [2008] KIHC 48; Civil Case 45 of 2008 (9 September 2008)

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

High Court Civil Case 45 of 2008

Between:

Matou Tabora
Applicant

And:

Tokaruru Uruatarawa
Dr Tetaua Taitai
Respondents

For the Applicant: Mr Mantaia Kaongotao
For the Respondents: Ms Botika Maitinnara

Date of Hearing: 9 September 2008

JUDGMENT
(Ex Tempore)

Application to quash a decision made in 1991. The daughter of the applicant has known of the decision since 1998. In 2001 she tried unsuccessfully to oppose the sale. According to the applicant she herself has been trying since 2004 to take some effective action but only being handed on from one People’s Lawyer to the next. One must have sympathy for her.

On the other hand the relevance of the principle of certainty of title has been growing stronger with each passing year. It is now 17 years since the decision under challenge was made. It would be most unfair to the respondents now to disturb it.

Application to extend time within which to apply is refused. Application for certiorari fails.

THE HON ROBIN MILLHOUSE QC
Chief Justice