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Taraia v Taraia [2010] KIHC 82; Civil Case 91 of 2010 (17 August 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO

High Court Civil Case 91 of 2010

Between:

Aretaake Taraia
Applicant

And:

Roota Taraia
Tibwere Taraia
Marutaake Taraia
Respondents

For the Applicant: Ms Maere Kirata
For the Respondents: Mr Iotita Kuarawete

Date of Hearing: 17 August 2010

JUDGMENT
(Ex Tempore)

The land Kabengawae 654m had been given to the DBK as security for a loan. The loan was paid off. In CN TN 18/07 on 30 January 2007 the applicant and the respondents went to the Magistrates' Court to have the land registered again in their names. The Court granted the registration. The minute:

So pursuant to section 5(3)(a) of the Native Lands and that the debt has been cleared and the reinstatement of this land is accepted, not to the land owner namely Taraia but to the issues namely Rota Taraia, Aretaake Taraia, Tibwere Taraia and Marutaake Karawaiti.

The names of Roota Taraia, Aretaake Taraia, Tibwere Taraia and Marutaake Karawaiti will be registered on land Kabengawae 654m in Bikenibeu.

On 1 September 2008 the three respondents, without the knowledge of the applicant went to the Magistrates' Court (CN 864/08) to have the land distributed amongst the three of them. The applicant was not a party, was not present and was not mentioned to the Court by the respondents. The Single Magistrate accepted the registration and confirmed the distribution amongst the three respondents, so excluding the applicant although a registered owner.

The decision in CN 864/08 cannot stand. This application for certiorari is to quash that decision. The application is out of time, being dated 20 July 2010. In the applicant's affidavit in support of the application, the applicant explains that he knew nothing of the distribution until early in 2010 when he visited his aunty who told him the three respondents had become the co-owners. The applicant acted quite promptly: promptly enough for the Court to extend the time within which to apply. It is extended to 21 July 2010. Time having been extended and ample grounds made out the application for certiorari is granted. The decision in CN 864/08 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice