Attorney General iro Director of Lands v Timoteo [2011] KIHC 49; Civil Case 148 of 2011 (17 April 2011)

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

HIGH COURT CIVIL CASE 148 OF 2011

BETWEEN:

ATTORNEY GENERAL iro DIRECTOR OF LANDS
APPLICANT

AND:

KARITI TIMOTEE FOR THE ISSUES OF TEKEAUA NAURIA
1ST RESPONDENT

PERSONS UNKNOWN
2ND RESPONDENT

FOR APPLICANT: MONOO MWERETAKA
FOR RESPONDENT: BATITEA TEKANITO
Date of Hearing: 17 April 2011

JUDGMENT & ORDER
Ex-tempore

This is an application by the Director of Lands to recover the possession of part of the land Takoronga 809au from the first respondents (Kariti Timotee for the issues of Tekeaua Nauria )and the second respondents (persons unknown) who are currently occupying the land.

Having heard Monoo Mweretaka, counsel for the applicant and having considered the sworn affidavit of the Director of Lands, with the attached map (marked as exhibit D), the lease agreement number 1756/64 (marked as exhibit A), the sublease agreement number 655/11 (marked as exhibit B) and the Landowners list (marked as exhibit C), and having heard Batitea Tekanito, counsel for the respondents, and having considered the respondents' main argument that the land they are occupying is not Takoronga 809au but a different plot, I lay down my findings as follows;

I am convinced that the map produced by the Department of Lands clearly shows where Takoronga 809au is situated on the land,

And I am further convinced that the lease agreement number 1756/64 is very clear that the same Takoronga 809au has been leased to the Government of Kiribati for the period of ninety nine (99) years from 1964,

And that the respondents' interest as submitted by their lawyer is over a different plot of land, not Takoronga 809au, therefore it should not be affected by this application,

I therefore grant the Order sought in the following manner;

'That the part of the land Takoronga 809au be recovered by the Director of Lands and that the respondents should vacate this land immediately.'

TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT