Palala v Bauro [2010] KIHC 1; Civil Case 57 of 2009 (20 January 2010)

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

High Court Civil Case 57 of 2009

Between:

ABORINA PALALA
Applicant

And:

MAKUE BAURO
Respondent

For the Applicant: Mr Mantaia Kaongotao
For the Respondent: Ms Abunaba Takabwebwe

Dates of Hearing: 20 January 2010

JUDGMENT
(Ex Tempore)

Application for certiorari to quash a boundary determination made in CN TN 02/06. On reading the documents this application seems to be yet another attempt to upset the boundaries of a much fought over piece of land. I refer to the High Court decision in CC 120/07 confirmed by the Court of Appeal in CA 7/09.

Mr Kaongotao has submitted that the 2006 decision has fixed boundaries contrary to those fixed in CN 70/98. That remains to be seen following a fresh survey which is to be done (or has been done). The question will be for answer in fresh proceedings not in these once the result of the survey is known.

A problem for the applicant in complaining about the 2006 case – the decision on which was given in February 2006 – is that she did not become a land owner until July 2008. She does not have standing to complain of a decision made over two years before she had an interest in the land.

I have now heard argument of the time point. This application was made over three years after the decision complained of. The applicant says she did not become aware of it until eviction proceedings in 2008. I do not accept that. The land has been, as I have said, much fought over. I cannot believe that anyone interested in the land has not known of the various decisions. Time within which to apply is not extended.

The application is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice