Tekee v Mikaere [2009] KIHC 28; Civil Case 146 of 2008 (8 July 2009)

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

HIGH COURT CIVIL CASE 146 OF 2008

BETWEEN:

ISSUES OF ATANIMOA TEKEE
TENNA TEKEE
APPLICANTS

AND:

MARITINA MIKAERE MT
KAIRO TEMEA MT MM
1ST RESPONDENT

ATTORNEY GENERAL FOR SINGLE MAGISTRATE
2ND RESPONDENT

For the Applicants: Sr Bernadette Eberi
For the 1st Respondent: Mr Mantaia Kaongotao
Attorney General to abide decision of the Court

Date of Hearing: 8 July 2009

JUDGMENT
(Ex Tempore)

The Court of Appeal in LA 8/2006 judgment delivered on 26 July 2006 allowed an appeal and quashed the decisions in CCN 75/04 and 86/04. As the Court had not heard argument regarding CN 123/04 they made no order concerning it. With respect it would have saved some trouble if they had gone on to consider CN 123/04 as well. In that case the first respondent was registered after Rita Kakiaba whose title was overturned when CN 75/04 was quashed. It follows that the first respondent’s right to be registered after Rita Kakiaba must logically fall, too.

The applicants thought it had and that is the reason for the delay in making this application. This application was filed on 5 September 2008, a little over two years after the decision. In the circumstances and especially because the first respondent can have no title, her right to it having been lost when the decision in CN 75/04 was quashed, time within which to apply will be extended to 6 September 2008. The application for a writ of certiorari will be granted quashing the decision in CN 123/04.

THE HON ROBIN MILLHOUSE QC
Chief Justice