Kakiaman v Kakiaman [2009] KIHC 21; Civil Appeal 57 of 2008 (3 June 2009)

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

High Court Civil Appeal 57 of 2008

BETWEEN:

TARATIERU KAKIAMAN
APPELLANT

AND:

MELESIA KAKIAMAN
RESPONDENT

For the Appellant: Mr Banuera Berina
For the Respondent: Sr Bernadette Eberi

Date of Hearing: 3 June 2009

JUDGMENT
(Ex Tempore)

McKenzie McKenzie before he went to Tuvalu left a container on the land owned by Taratieru Kakiaman who is the brother of McKenzie’s mother, N. Melesia Kakiaman. The container has contents in it. The present appellant Taratieru Kakiaman put a padlock on the container. The respondent claimed to have the padlock removed. A Single Magistrate heard this claim and ordered the removal of the padlock. Unfortunately there is no clear finding in the judgment as to who owns the contents. That is the crucial matter. The only person who can succeed in proceedings to have the padlock removed is the owner of the contents. No one else has any interest in the contents: it follows no right to have the padlock removed.

Having heard argument from both Mr Berina and Sr. Bernadette the best solution to the appeal is to allow it, quash the judgment of the Single Magistrate and return the case to the Magistrates’ Court for rehearing. Another Single Magistrate should rehear the case and is directed, after hearing evidence, to make a finding (if he or she can) on who owns the contents of the container. If the Single Magistrate finds that Melesia Kakiaman is the owner of the goods then Melesia is entitled to an order for the removal of the padlock for the purpose of removing her goods. If she cannot prove ownership then the padlock stays in Taratieru’s discretion.

Mr Berina raised one other point: the value of the contents. That is not clear. To remove any doubt as to the jurisdiction of the Single Magistrate rehearing the case I direct that the Single Magistrate have jurisdiction to hear and decide it irrespective of the value of the goods, be that more than $3,000 or less.

THE HON ROBIN MILLHOUSE QC
Chief Justice