Kietau v Korere [2021] KIHC 27; Land Review 8 of 2020 (7 June 2021)

IN THE HIGH COURT OF KIRIBATI 2021

LAND REVIEW 8 OF 2020

[TEBWATITA KIETAU
[ APPLICANT
[
BETWEEN [AND
[
[AKOIA KORERE
[TIBAU KIETAU
[TEUEE KIETAU
[TOATU KIETAU
RESPONDENTS

12 May 2021

Mr Raweita Beniata for Appellant
Ms Botika Maitinnara for Respondents

JUDGMENT

1. The Applicant through his counsel filed his notice of review pursuant to section 81 of the Magistrates Court Ordinance on 24 September 2020 against the decision of the lower court’s in Biklan 695/20. The decision was delivered on 17 September 2020. The grounds relied upon by the Applicant for this review application is that, he is one of the issues of the deceased Kietau Tabwebweiti and was not invited to the Magistrates Court proceedings in Biklan 695/20.
   
2. The oral submissions by Mr Beniata for the Applicant set out that the Applicant is an issue of the deceased Kietau Tabwebweiti and Vailo (the Applicant’s mother and first wife of the deceased). The Applicant’s deceased father Kietau Tabwebweiti’s monetary estate (Kiribati Provide Funds contribution) was the subject of the distribution in case Biklan 695/20. Mr Beniata further submitted that only the share of the first Respondent, Akoia Korere, have been paid.
   
3. Ms Maitinnara, for the Respondents correctly conceded to the review application submitting to this court that the Applicant’s birth certificate was recently sighted by her clients confirming that the Applicant’s is one of the issues of Kietau Tabwebweiti and therefore should get a share from his deceased father’s estate. The first Respondent, Akoia Korere, was the deceased’s second wife and the other Respondents are their children.
   
4. The Respondents through their lawyer, Ms Maitinnara, have conceded to the Applicant’s review application and this court having found that it was the correct position to make, grant the application.
   
5. Before clarifying the orders following the granting of the review of Biklan 695/20, it is vital for the court below to always be mindful to take all reasonable steps to confirm that all issues are present in the case with respect to the deceased whose estate is the subject of the proceeding before rushing to deciding on such cases.
   

The following orders are issued:

6. ORDERS
   1. The appeal is allowed and the decision of the Magistrates Court in Biklan 695/20 is quashed and a retrial should be expedited in the Magistrates Court based on the findings of this Land Appeal Panel;
   2. All payments decided in Biklan 695/20 shall be freezed until the decision in the retrial of this land case by the Magistrates Court;
   100. In light of the circumstances of this case, no order is made for cost.
        

Dated the 7^th of June 2021

THE HON ABUERA URUAABA
COMMISSIONER OF THE HIGH COURT

HER WORSHIP TITAN TOAKAI
LAND APPEAL MAGISTRATE

HER WORSHIP AMINA URIAM
LAND APPEAL MAGISTRATE