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Maiana Island Council v Matai [2004] KIHC 135; Land Appeal 65 of 1996 (9 June 2004)

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

High Court Land Appeal 65 of 1996

Between:

MAIANA ISLAND COUNCIL
Appellant

And:

KAIBURE MATAI AND BROTHERS
AND SISTERS
Respondents

For the Appellant: Ms Pauline Beiatau
For the Respondents: Ms Jennifer Troup

Date of Hearing: 9 June 2004

JUDGMENT

The respondents took proceedings in the land jurisdiction claiming damages for trespass against the appellant Council. The Council was said to have taken building materials from respondents' land in the course of building a school. The respondent succeeded and the Lands Court awarded them $6,265.12 plus $2,000 costs. The appellant's first ground of appeal is that the Lands Court had no jurisdiction to hear the claim: it ought to have been brought in the civil jurisdiction: if it had been then the limit of damages would have been $3,000.

Ms Beiatau has relied on the Court of Appeal decision in SMEC vs Temwakamwaka Landowners (LA 8/97). The facts were not dissimilar to this case. The appellant had used materials without permission to take them to build a causeway. The Court said (at page 4):

It would seem incongruous to regard personal actions for contract and tort as land causes or matters, even though land was involved.

The Court allowed the appeal and struck out the proceedings for want of jurisdiction.

We are bound by the decision and will have to do the same.

That will leave the respondents to begin fresh proceedings in the High Court. Their problem is that the cause of action arose in 1993 and 1994. They will need leave to appeal out of time. That may be a matter for later.

The appeal is allowed and the decision of the Lands Court is quashed and the action struck out for want of jurisdiction.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate