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Arobati v Hautia - Memorandum [2007] KIHC 62; Civil Case 46 of 2006 (27 February 2007)

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

High Court Civil Case 46 of 2006

Between:

BURAUA AROBATI MT MM
Applicant

And:

TEINGIA HAUTIA
KAUA HAUTIA
MATERETA HAUTIA
TIOLA HAUTIA
KAMWETI HAUTIA
KAIBITIA HAUTIA
RINGA UERETI
Respondents

For the Applicant: Mr Karotu Tiba
For the Respondents: Ms Joelle Grover

Date of Hearing: 27 February 2007

MEMORANDUM

In CN 88/49 the ancestors of the applicants who are the issue of Ten Nawaia and respondents, the issue of Nei Kaai, the niece of Ten Nawaia, were registered over the land Namoruarua 684/4 in equal undivided shares. This was confirmed in CN 39/83.

The problem arose in CN 148/89 when the applicants had themselves registered over the lands of Ten Nawaia who had died. Unfortunately the respondents were not summoned in that case and a decision was given which did not note the respondents’ interest in the land.

There have been subsequent cases but the decisions in all of them rely on the decision in CN 148/89. If CN 148/89 cannot stand neither can the decision in subsequent cases.

In fact there has been a boundary determination which splits the land equally between the two families. That is likely to be the final result of this litigation. It would be preferable if the parties were to agree to accept that determination of the boundary between them. But that is a matter of agreement between them: this Court cannot force that on them, only point of the inconvenience of quashing the decisions and starting again from before CN 148/89.

The hearing is adjourned to enable counsel to take instructions.

If no agreement can be reached all that can be done in these proceedings will be to quash the decision in CN TT 125/02 and leave it to the respondents to make application to quash the decisions in the earlier cases back to and including CN 148/89.

THE HON ROBIN MILLHOUSE QC
Chief Justice