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Iotebwa v Mateko [2010] KIHC 45; Civil Case 104 of 2009 (20 April 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION


High Court Civil Case 104 of 2009


HELD AT BETIO
REPUBLIC OF KIRIBATI


BETWEEN:


NAKAU IOTEBWA
for Issues of Iotebwa
Plaintiff


AND:


TIAON MATEKO
for her family
Defendant


For the Plaintiff: Ms Taoing Taoaba
For the Defendant: Ms Abunaba Takabwebwe


Date of Hearing: 20 April 2010


JUDGMENT
(Ex Tempore)


This is one of the few exceptional cases in which, even after a lapse of eight years - the Applicant first became aware of CN 95/98 in 2007 and has been trying ever since to do something about it – I should extend time. Apart from the change in registration nothing else has changed: the Applicant’s brother was working off the land on North Tarawa before 1998 and has continued in the same way since. No fresh rights since 1998 have been established. Time within which to apply will be extended to 3 June 2009.


As for the substance, the dispute is as to ancestry. The Applicant and his family claim to be descended from Namakaina who is noted in the Land Register as the heir to Nei Tekimau who was the owner of Teabike 150/n, the land in dispute. The Respondents to the contrary who applied ex parte in CN 95/98, according to the minutes told the Court N. Tekimau was issueless. The Applicants should have been heard and were not. There was an issue which should have been tried out. The Applicants should have a second chance to contest it against the Respondents. That can be done by granting this application and quashing the decision in CN 95/98.


Order accordingly.


THE HON ROBIN MILLHOUSE QC
Chief Justice


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