Raimon v Tautei [2010] KIHC 136; High Court Civil Case 116 of 2010 (11 December 2010)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 116 of 2010

Between:

Ngauea Raimon (for Issues of
Raimon Bureaua named
Mikaere and Ioane)
Applicant

And:

Tamwemwe Tautei
1st Respondent

Tin Chi Richard Ng
2nd Respondent

Tetinaniku Ntiua
3rd Respondent

For the Applicant: Ms Botika Maitinnara
For the 2nd Respondent: Ms Taoing Taoaba

Date of Hearing: 11 November 2010

JUDGMENT
(Ex Tempore)

Application for certiorari.

A most complex situation but after discussion with counsel it seems that it will not be solved by quashing the decisions in CCN 174/2007 and 122/2007. The applicant complains that she and her two sons did not know of them until they came back from Abemama in July of this year, went to settle on land which they believed to be theirs and were served with an eviction notice by the second respondent who has purchased land from the first and third respondents. In the circumstances I should extend time within which to apply to the day after the Notice of Motion was filed (whenever that was – the copy handed up this morning by
Ms Maitinnara is undated).

What is needed is a determination of the boundary of the land bought by the second respondent Banraeaba 758a/2a. The applicant owns 758a/2. I cannot order a determination on this application but I strongly suggest that the applicant should apply for a determination. In the meantime I refuse the application for certiorari.

THE HON ROBIN MILLHOUSE QC
Chief Justice