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Karoroata v Karoroata [2004] KIHC 78; Land Appeal 68 of 2003 (30 April 2004)

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

Land Appeal 68 of 2003

Between:

BAURO KAROROATA
Appellant

And:

TAMUERA KAROROATA
SAMAO KAROROATA
REMUERA KAROROATA
NEI BIRI KAROROATA
Respondents

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Botika Maitinnara

Date of Hearing: 30 April 2004

JUDGMENT
(Ex Tempore)

The appellant complains that he was not present on the first hearing before the Magistrate but sent a letter as follows:

I request here if you could cancel the ownership registration of our mother Nei Keang but what my brothers and sisters should know is that land Tangabuaka is unrelated to them. They only have an interest in the lands on Betio, Temaiku and that we all agree to. Land Tangabuaka belongs however to me and they should know that I am the owner of Tangabuaka.

The minutes shew the appellant present and agreeing to the registration with his brothers and sisters over all the lands, contrary to his letter. The minutes also shew Ms Maitinnara's client, Remuera as being present but Ms Maitinnara says he was not. The minutes appear to be inaccurate.

The case will be sent back to the Magistrate's Court for rehearing. Notification of the date of the re-hearing should be given to all those interested in the distribution. They would all be well advised to attend either personally or by a lawyer.

Appeal allowed: decision of the Single Magistrate quashed and case remitted to the Magistrate's Court for re-hearing.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE