Tata v Karotu [2024] KIHC 19; Civil Appeal 5 of 2014 (28 August 2024)

IN THE HIGH COURT OF KIRIBATI
TE KABOWI AE RIETATA I KIRIBATI

HIGH COURT CIVIL APPEAL 5/2014

BETWEEN
VERONICA TATA
Applicant

AND
AIRIIN KAROTU
Respondent

Hearing:	24 May 2022
Judgment:	28 August 2024
Appearances:	Mr Raweita Beniata for the Applicant Mr Taburuea Rubetaake for the Respondent

JUDGMENT
______________________________________________________________________________

1. The application is for a prerogative writ of certiorari and should not be an appeal as shown in the application documents filed by the Applicant.
2. Both the leave application and extension of time are not contested and so this court granted the applications.
3. During the hearing of the substantive certiorari application on 24 May 2022, counsel for the Respondent, Mr Rubetaake, submitted that the Respondent consented to the application so that the case is remitted back to the lower court to determine the rightful owner of the concerned land which was the subject of the case in CN654/2009.
4. In the case 654/2009, it was an exparte application by the Respondent to register the Respondent after Veronika Tata. The Applicant in this application is challenging the registration by way of certiorari since she cannot appeal the decision.
5. By consent, the parties agreed for the case to be remitted back to the Magistrates Court for rehearing. I therefore grant the application and make the following orders.
   
6. Orders of this court:

1. Certiorari application by the Applicant moving into this court the decision of the lower court in CN 654/2009 for the purpose of it being quashed is granted;
2. The decision of the Magistrates Court in CN 654/2009 is quashed;

100. The Chief Magistrate is directed to identify a senior Magistrate to rehear this case as soon as practicable. The Magistrates court should invite all parties including the Applicant when this case is again heard.

4. No order on cost.
   

__________________________
MR ABUERA URUAABA,
COMMISSIONER OF THE HIGH COURT