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Bereneteta T. v Kaai [1988] KIHC 5; Land Appeal 01 of 1988 (6 June 1988)

IN THE HIGH COURT OF KIRIBATI
NIKUNAU

HCLA 1/88

BETWEEN:

NEI BERENETETA T.
Appellant

-v-

TEKAI TI KAAI
Respondent

6 June 1988

In this case N. Bereneteta appeals against the decision in case NK 186/87 refusing her a share in the distribution of the lands of her mother N. Tekiete. N. Tekiete died leaving 5 lands only and the Court awarded these to the children of Kaai the deceased younger brother of N. Bereneteta. It gave as its reason for doing so the facts that there were insufficient lands for everyone, and that N. Bereneteta already had 2 lands one of which was from her motherside. The register shows she has 2 lands Antekiboi 2k (1B) from her father, and Aontebon 24 at (2N) from her mother. This land was registered by the Commission. It is said to be a gift for nursing her grandfather. Moreover there is a dispute as to whether it is a land or a pit. N. Bereneteta is herself married with 2 children. Clearly on the death of N. Tekiete and distribution of her estate N. Bereneteta may become entitled to a share, albeit not of the same size as Kaai for he is a man. She may in our view be entitled to some share. We consider that the decision of the Magistrates refusing her any share may not have taken into account the fact that she herself is married with children, and that the land or pit which she has was registered by the Commission and that it comes from her mothers side and it was a gift for nursing. Kaai's children, in addition to inheriting from Kaai on his mother side, will also inherit from Kaai's wife side.

N. Bereneteta will not inherit further.

In view of these factors, which we feel the Magistrate may not fully have considered, we set aside the decision in case NK 1986/87 and order a retrial. It may be that after the retrial the Magistrates may still be of the same mind but they then will have considered every possible reason in N. Bereneteta's favour. They must give a full judgment explaining why they reach their decision in this difficult case.

R.G. Topping
Judge

Toka Tibau
Land Magistrate

Betero Kaitangare
Land Magistrate