Teeta v Kamaru [2010] KIHC 21; Civil Case 36 of 2009 (10 February 2010)

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

High Court Civil Case 36 of 2009

BETWEEN:

KOURA TEETA
Applicant

AND:

TEORA KAMARU
ATTORNEY GENERAL IRO BERU
MAGISTRATES’ COURT
Defendants

For the Applicant: Ms Maere Kirata
For the Defendant: Ms Abunaba Takabwebwe
Attorney General to abide decision of the Court

Date of Hearing: 10 February 2010

JUDGMENT
(Ex Tempore)

The applicant Koura Teeta complains that the respondent, Teora Kamaru, went alone to the Court after the death of Tebano Teeta and had himself registered over the lands of the deceased.

The deceased had no natural children but the respondent was his adopted son. The respondent is, in law, the only issue of the deceased.

The Land List shews the deceased as the sole owner of his lands.

Although Ms Kirata has said that her clients have told her the deceased left a will, she has not been able to produce a will and there has been no evidence either before the Magistrates’ Court or before this Court of a will. The Court must accept that the deceased was intestate.

These things being so the respondent was the only heir of the deceased. He was under no obligation to notify other relatives that he was applying to be registered over the lands of the deceased.

The application for certiorari is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice