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Tokanikai v Natanaera [2003] KIHC 59; Land Appeal 28 of 1998 (13 May 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT ABAIANG
REPUBLIC OF KIRIBATI

High Court Land Appeal 28 of 1998

Between:

TOKANIKAI ITIMAROROA
Appellant

And:

NEI TERIKI NATANAERA
Respondent

For the Appellant: Ms Jacquiline Huston
For the Respondent: Mr Aomoro Amten

Date of Hearing: 13 May 2003

JUDGMENT
(Ex Tempore)

This is a dispute between relatives. They are the owners of a piece of undivided land. The respondent however had a small part of it cleared for a dwelling: the area cleared is 14 paces by 19 paces. The appellant was invited to come to live on the land but the parties fell out. The respondent obtained an order of eviction in March 1998. The appellant contends, through Ms Huston, that this is an undivided piece of land and so the appellant, being a co-owner may live anywhere on it. That would be quite unreasonable, even if it were the law. In any case the Single Magistrate did not accept the appellant's evidence.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate