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Teimakin v KN Matikarai [2004] KIHC 266; Land Review 15 of 2004 (3 December 2004)

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

High Court Land Review 15 of 2004

Between:

KAINTOKA TEIMAKIN
TEORATA AROITO
BUREIMOA KAIEA
Applicants

And:

KN MATIKARAI (NEI BAURIRI TOOTI)
KN MAUTAAKE (WATETI MT MM)
KN TOMINIKO (KAIRAKU MT MM)
KN TEKANANA MWERETAKA
Respondents

For the Applicants: Ms Jennifer Troup
For Nei Bauriri Tooti: Mr Katarake Tebweao
For KN Mautaake: Ms Taoing Taoaba

Date of Hearing: 3 December 2004

JUDGMENT
(Ex Tempore)

The Lands Commission in 1948 decided ownership of the subject land. The applicants for review are now complaining about the decision, that members of the family were not present at the time. The respondents before the Single Magistrate took the point that the Lands Commission having made a decision title was indefeasible. The Single Magistrate regarded the point as one of law and without evidence being called came to a conclusion and did not allow the claim.

Ms Troup has submitted that the applicants should have been given an opportunity to call evidence: “to have their day in court”. We agree: there is a chance – a slim chance after more than 50 years – of being able positively to prove fraud. Fraud would be the only ground upon which the decision of the Lands Commission could be disturbed. It will be a very difficult task for the applicants but we think they should be given the opportunity.

The application for review is granted: the decision of the Single Magistrate is quashed and the case returned to the Magistrates’ Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate