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Tenieu v Namai [2006] KIHC 6; Civil Case 39 of 2005 (9 January 2006)

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

High Court Civil Case No. 39 of 2005

Between:

TEAIWA TENIEU
Applicant

And:

UEANTABO NAMAI
Respondent

For the Applicant: Ms Berenike Iuta
For the Respondent: Mr Glenn Boswell

Date of Hearing: 9 January 2006

JUDGMENT
(Ex Tempore)

This is an application for certiorari so that the Court may consider an appeal 20 years out of time. The applicant deposes that it was 17 years before he returned to TabNorth. It was another three years before he found out about the transfer of the land in 1985.

It is too long. Certainty of title is of great importance. After so long a time rights established should not be disturbed.

The application is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice