Baurerei v Biteiti [2009] KIHC 22; Civil Case 60 of 2008 (4 June 2009)

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

High Court Civil Case 60 of 2008

BETWEEN:

BWEBWETAAKE BAUREREI
APPLICANT

AND:

KAEWETAAKE BITEITI
1ST RESPONDENT

ATTORNEY GENERAL IRO
MAGISTRATES’ COURT
2ND RESPONDENT

For the Applicant: Sr. Bernadette Eberi
For the 1st Respondent: Ms Maere Kirata
Attorney General to abide decision of the Court

Date of Hearing: 4 June 2009

JUDGMENT
(Ex Tempore)

Application for a writ of certiorari to quash the decision in CN 25/99 which was given on 22/03/02. The decision concerned a piece of land on Abaiang.

The present Applicant was at that time not on Abaiang but on Tarawa. She says she knew nothing of the case until she was warned in 2007 that the Respondent was interfering with the land Bareaka 179-o. She then went to Abaiang and took proceedings in the Magistrates’ Court to have the decision in CN 25/99 overturned. She was told, correctly, that the Magistrates’ Court could not quash an earlier decision of another magistrate’s court. [Distant cousins had also tried in 2005 and failed.]

The Applicant sought legal advice and finally this application was made.

In the circumstances even though the delay is about five years, time within which to apply ought to be extended. It is extended to 5 April 2008.

The Applicant complains that the Respondent has asserted she is the descendant of N. Tetiria Tebaara. The Applicant asserts that N. Tetiria died issueless and she is a descendant of a sibling of N. Tetiria.

This is an issue which needs to be tried out and decided after all those concerned have had an opportunity to argue it. That will have to be done in fresh proceedings.

To allow that to happen application granted: decision of the Single Magistrate in CN 25/99 quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice