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Roaia v Sam [2010] KIHC 127; High Court Civil Case 114 of 2010 (16 November 2010)

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

High Court Civil Case 114 of 2010

Between:

Kanoua Roaia
Applicants

And:

Perma Sam
1st Respondent

Benina Roaia
2nd Respondent

Attorney General iro Lands Court
3rd Respondent

For the Applicant: Mr Mantaia Kaongotao
For the 1st Respondent: Ms Taoing Taoaba
Attorney General to abide outcome

Dates of Hearing: 16 November 2010

JUDGMENT
(Ex Tempore)

Application for certiorari.

In 1992 the applicant went to the Magistrates' Court on behalf of his sister, the second respondent, Nei Benina Roaia, to have the land Annauau 629i transferred to the first respondent, Nei Perma Sam. The minutes shew clearly that this was the land to be transferred: in the two cases which the applicant wants quashed he himself gave evidence and in each gave the same reference Annauau 629i. He now says that it was a mistake: that was not the piece of land he meant. He further says that it was only last year when his children went to the DBK for a loan and tried to use the land as security that he discovered the mistake. It is most unlikely that in some way the Court Clerk at the time, 1992, made a mistake in both sets of minutes. In the absence of any evidence to that effect, I must find on the balance of probabilities that the minutes are accurate and that the land Annauau 629i was validly transferred to the second respondent. For that reason alone the application for certiorari fails.

Apart from that, after 17 or 18 years it is simply too late for the first respondent's title to be disturbed. After so long the principle of certainty of title requires her title to be regarded as indefeasible.

It appears from Mr Kaongotao's argument that what the applicant really wants is rectification of title. An application for certiorari is not the way to go about seeking rectification. I express no opinion on whether the applicant has any other remedy open.

All I may do is to refuse the application.

Application refused.

The first respondent to have her costs which I fix at $250.00 and direct that that sum lying in Court be paid to Ms Taoaba.

THE HON ROBIN MILLHOUSE QC
Chief Justice