Temereti v Kairo [2024] KIHC 4; Civil Review 26 of 2020; Miscellaneous Application 131 of 2020 (5 January 2024)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL REVIEW 26 OF 2020
MISCELLANEOUS APPLICATION 131 of 2020

BETWEEN:
EERATI TEMERETI MTMM
Applicants

AND:
NEI AM KAIRO FOR ISSUES OF TERITANG EBATI
1^st Respondent

AND:
BEREITA BEIARIKI FOR ISSUES OF NEI TARA TAMAROA
2^nd Respondent

Date of Hearing: 24 NOVEMBER 2023
Date of Judgment: 5 JANUARY 2024

Appearances: Ms. Taaira Timeon for the Applicants
Ms. Marewenimakin Babera for the 2^nd Respondent
Mr. Fatali for 1^st Respondent (not present)

JUDGMENT

After considering submissions from both Counsels, I find that the applicant has a substantial case that relates to the principles of natural justice whereby the applicants were not invited to the proceedings of CN 54/95. In this case, this magistrate court approved the registration of Nei Tara Tamaroa over the land Tewintaake, Rannaba, and Tannakonimatang. In this present case, the land in dispute is Tewintaake only. The applicants claimed they owned the whole of Tewintaake from their grandfather, Tion Ebati, who got his title in BA 254/85 and BA 63/86. On the other hand, the second respondents claimed they own part of Tewintaake, and the applicants own the other part.

As for the delay of almost 25 years, I accept the reason relayed by the applicant, which is that they were only aware of the case when they found a copy of the minutes from the Archives in 2020. There may be confusion over the exact month they found these minutes with the date they got their title, but this is only a minor issue.

There is no evidence by the second respondent regarding the issue of prejudice.

In light of the above, the application for leave to extend time to apply for an order of certiorari is allowed.
The applicant will apply for another hearing date for the court to consider their substantive application.

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice