Attorney General iro Director of Lands v Tekabwaara [2023] KIHC 7; Civil Case 107 of 2015 (5 May 2023)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL CASE 107 OF 2015

BETWEEN:
ATTORNEY GENERAL iro DIRECTOR OF LANDS
Applicant

AND:
BARANIKO TEKABWAARA
Respondent

AND:
PERSONS UNKNOWN

Date of Hearing: 19 APRIL 2023
Date of Judgment: 5 MAY 2023

Appearances: Mr. Monoo Mweretaka for the Applicant
Ms. Maitinnara for the Respondent (not present)

JUDGMENT

This is an application to recover possession of part of the lands Temanoku 823r and Temanoku 823k currently occupied by the respondents and for an order for the respondents to be evicted from the said lands pursuant to the provisions of the Squatters (Recovery of Land) Act 2005 quoted below;

“3. Any person who claims possession of the land which he/she alleges is occupied by a person who entered into or remained in occupation without his/her license or consent, or that of any predecessor in title, may make application to the Court to recover possession of the land”

There being no appearance by and for the respondents at the hearing despite their knowledge of today’s hearing when it was fixed at the last mention date, this court proceeded to hear the matter in their absence.

Based on the submission for the applicant, together with their supporting affidavit and exhibits attached (Lease Agreements) and there being no replying affidavit by the respondent, this court is satisfied that the Government currently leases the lands in question; therefore, the Government has exclusive use of the land which means that the occupation by the respondents over the said lands is unlawful. Based on the above reason, the application is granted; the applicant can recover possession of the lands, and the respondents must surrender possession.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice