Deireregea v Nauru Lands Committee [2009] NRSC 13; Land Appeal Case No 2 of 2009 (6 August 2009)

IN THE SUPREME COURT OF NAURU.

Land Appeal Case No. 2/09

BETWEEN:

KARAINA DEIREREGEA
Appellant

AND:

NAURU LANDS COMMITTEE
Defendant

Mr. Pres Nimes for the plaintiff
Mr. Robert Kaierua for the defendant

6 August, 2009

MEMORANDUM

In his will dated 12 July, 2001 the testator appointed his eldest daughter as trustee for her brothers and sisters.

He made provision for the distribution of his coconut lands and for his Ronwan shares.

The will makes no reference to any other assets of the Estate. That being so, subject to further argument, I am of opinion that there is an intestacy in relation to the remainder of the estate. This is the contention of the widow, the plaintiff in the action.

The Nauru Lands Committee had a contrary opinion: that the testator must have intended deliberately to exclude his widow from any share in the estate. That opinion is an error.

Unfortunately acting on the erroneous view the Nauru Lands Committee has made a distribution of interests in other assets. It should not have been done but as it has been done, before any final order is made those who have benefited in this way should be given an opportunity to be heard.

Mr. Nimes has undertaken, before the next session, to draw minutes of order appointing a person or persons to represent those who have so benefitted to present argument, if any, to the contrary of the opinion I have expressed.

In the meantime I order that the defendant make no further distribution of assets in the estate.

Hon. Robin Millhouse
CHIEF JUSTICE