Teakare v Inanoi Co-operative Society Ltd [2010] KIHC 49; Civil Case 178 of 2009 (28 April 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

High Court Civil Case 178 of 2009

HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

TERENGANTAAKE TEAKARE
REITAAKE TAKABWEBWE
Plaintiffs

AND:

INANOI CO-OPERATIVE SOCIETY LTD
ATTORNEY GENERAL iro LANDS COURT
Defendants

For the Plaintiff: Mr Mantaia Kaongotao
For the Defendant: Mr Banuera Berina

Date of Hearing: 28 April 2010

JUDGMENT
(Ex Tempore)

Application for certiorari to quash a decision made in 1980. The Applicants point to the incompleteness of the 1980 minute, say that is most unsatisfactory and deny there was any such transaction. The Respondent Society on the other hand has, through the affidavit of its General Manager pointed to extracts from its minutes which shew that a transaction of sale and purchase took place. As Mr Berina conceded perhaps the Applicants’ memories have played them tricks. Beyond the balance of probabilities the transaction took place and should stand.

Besides this was all 30 years ago and after so long the principle of certainty of title applies very strongly. Application to extend time within which to apply is refused. The application is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice