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Tiaon v Iotebwa [2003] KIHC 60; Land Appeal 24 of 2003 (13 May 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT ABAIANG
REPUBLIC OF KIRIBATI

High Court Land Appeal 24 of 2003

Between:

BOREREI TIAON
EREN TIAON
Appellants

And:

MEERE IOTEBWA
TOKORIRI IOTEBWA
Respondents

For the Appellants: Ms Jacquiline Huston
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 13 May 2003

JUDGMENT
(Ex Tempore)

The origins of this case go back to the 1920's. Ms Huston has helpfully given us the facts, the accuracy of her account not being disputed by Ms Taoaba.

The appellants' complaint is that two adoptions had not been proven. The appellants contended that there had been no adoptions and this broke the sequence of the family tree. When the validity of the adoptions was raised before the Single Magistrate he adjourned the hearing and sent the parties away to find evidence to support their respective positions. Having later heard them again he made this finding:

From the exhibits before the court and the court finds that Bikeieta in 1958 was dealt with in appeal 68/58 and it is shown in the end of the decision concerning this deceased from Butler who heard this appeal that Iotebwa had in fact been adopted, which means that Bikeieta with Ten Tebwara had replaced his son who had died also named Iotebwa and this adoption was made in accordance with the Native Adoption done by I-Kiribati in those days.

This court finds that Iotebwa Tebara is recognised as the son of T. Tebara with N. Teberina.

These are findings of fact. They are reasonable findings. We do not think they should be disturbed. Upon these findings depends the final decision. It is a correct decision.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate