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Teraku v Betero - Order [2007] KIHC 48; Civil Case 48 of 2006 (1 February 2007)

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

High Court Civil Case 48 of 2006

Between:

TETIKA TERAKU
NEI BERENATETA MATIERA
NEI TEATU TOARE
TAKARIA ARIERA
TEIMANRA BIO
NEI KAUTIA BARETOKA
NEI BEIATOKA TAKABWEBWERE
ATAATA ATAUEA
Applicants

And:

NEI BANEBANE BETERO WITH BROTHERS AND SISTERS
Defendants

For the Applicants: Mr Banuera Berina
For the Defendants: Ms Joelle Grover

Date of Hearing: 1 February 2007

ORDER

At some time in the past – maybe as long ago as 100 years – a seawall was built at Nawerewere. The present applicants, Mr Berina said, believe it was built by the community: Ms Grover said her clients claim it to have been built by their grand father. The wall was not registered. At present the wall is covered by water at high tide: from the diagram it appears to be merely a line of stones: it has no practical use.

In 1999 the respondents had the wall registered in their name. The applicants were not notified of the hearing and say they became aware of it only in 2006: that is, apart from Ataata Atauea who knew of it from his late father. It was Ataata who told the other applicants about it. Mr Berina says his clients are afraid that at some time in the future, because of accretions to their lands, ownership of the seawall may affect their interests. They complain that they should have been informed of the respondent’s application and been heard.

As a rule all those who may have an interest in an application for registration of ownership of land or a pit or a seawall should be notified and given an opportunity to be heard by the court before the court makes a decision.

That was not done in this case. It should have been. For that reason I make an order for certiorari removing the case into this court and quashing the decision of the Single Magistrate.

THE HON ROBIN MILLHOUSE QC
Chief Justice