In the High Court of Kiribati
Land Jurisdiction
Held at Betio
Republic of Kiribati

High Court Land Appeal 18 of 2004

Between:

Bobai Teteki
Appellant

And:

Bwaani Teteki
Respondent

For the Appellant: Ms Jennifer Troup
For the Respondent: Mr Aomoro Amten

Date of Hearing: 3 December 2004

JUDGMENT
(Ex Tempore)

The defence to this claim, which the Single Magistrate accepted, was that the ownership of the land Tabontawana had been settled in CN 246/00 in favour of Itinikai Rereia: the claim could not be litigated again in another magistrates’ court, of the same jurisdiction as the Magistrates’ Court which decided 246/00. Ms Troup concedes the correctness of that as a matter of law but points out that her clients are descended from Nei Taouea who was given a joint interest in the land, with Nei Terubeiti in 1948. Itinikai claims descent from N. Terubeiti. Ms Troup’s clients complain that some time between 1948 and 2000 the share of their ancestors in the land has disappeared without explanation. That may be so and may be unfortunate but it does not affect the correctness of the Single Magistrate’s decision. She could not upset the decision made in CN 246/00 that the land belonged to Itinikai Rereia.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate