Tangaroa v Roro [2010] KIHC 16; Civil Case 61 of 2009 (4 February 2010)

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

High Court Civil Case 61 of 2009

Between:

NABEIA TANGAROA
Applicant

And:

NEI BARI RORO
1st Respondent

KAIEKIEKI BURENTOUN
2nd Respondent

For the Applicant: Mr Banuera Berina
For the 1st Respondent: Ms Maere Kirata
For the 2nd Respondent: Ms Abunaba Takabwebwe

High Court Civil Case No. 175 of 2009

Between:

KAIEKIEKI BURENTOUN
NABEIA TANGAROA
Applicants

And:

RUTA TABURIRA
1st Respondent

ATTORNEY GENERAL IRO LANDS
COURT OF BUTARITARI
2nd Respondent

For the Applicants: Mr Banuera Berina
For the 1st Respondent: Ms Maere Kirata
Attorney General will abide by the decision of the Court

Dates of Hearing: 4 February 2010

JUDGMENT
(Ex Tempore)

Application for writ of certiorari to quash the decision in CN 181/95.

The applicants’ first task is to persuade the Court to extend the time within which to make the application. It is 10 years or more out of time.

The ground advanced in his affidavit by the applicant Kaiekieki is that he knew nothing about the CN 181/95. Yet the minutes shew quite clearly he was present, named as a respondent and gave evidence. The ground therefore cannot be accepted.

Apart from that after more than 10 years the principle of certainty of title is very strongly against the applicants. The Court will not easily disturb rights which have been so long established.

An extension of time within which to apply will not be granted. The application for certiorari is refused.

Having given this judgment I was reminded by counsel that the applicant Nabeia Tangaroa has also applied for an order to quash the decision in CN 2/97. Mr Berina has conceded that as his client has failed to have quashed CN 181/95 so he must fail to have quashed CN 2/97. Application for certiorari to quash the decision in CN 2/97 is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice