Takeieta v Takaria [2010] KIHC 109; CC 110 of 2010 (2 November 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

Held at Betio
Republic of Kiribati

High Court Civil Case 110 of 2010

Between:

ARIANE TAKEIETA
Applicant

And:

ANGETE TAKARIA
1st Respondent

RAUA TIBWERE
2nd Respondent

AHLING ONORIO
3rd Respondent

ATTORNEY GENERAL iro Ministry of Works and Public Utilities
4th Respondent

For the Applicant: Mr Banuera Berina
For the 1st & 3rd Respondents:Ms Abunaba Takabwebwe
For the 4th Respondent: Mr Monoo Mweretaka

Date of Hearing:2 November 2010

JUDGMENT
(Ex Tempore)

Application for certiorari. The Single Magistrate in CN 120/08 determined the boundary between two pieces of land. The applicant was the occupier and co-owner of one of the pieces of land but was not notified of the determination and took no part in it. She learnt only later that the new boundary fixed meant some of her buildings were no longer within her boundary. The new determination was contrary to the determination of the boundary made in CN 40/97. Apparently the Single Magistrate did not know about it or ignored it. Ms Takabwebwe concedes that the 1997 determination must prevail.

The application is granted and the decision in CN 120/08 quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice