Home | Databases | WorldLII | Search | Feedback High Court of Kiribati

Erenita v Taninga [2004] KIHC 177; Land Appeal 54 of 2003 (21 July 2004)

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

High Court Land Appeal 54 of 2003

Between:

MARIA ERENITA
Appellant

And:

TOOM TANINGA
Respondent

For the Appellant: Mr Katarake Tebweao
For the Respondent: Mr Banuera Berina

Date of Hearing: 21 July 2004

JUDGMENT
(Ex Tempore)

We began the hearing of this appeal on 17 June and adjourned to allow for a report from the Single Magistrate as in her Judgment she had omitted the full reference to the respondent’s land. She has now reported that the respondent’s land is Karabinobino 686a/1.

After hearing evidence the Single Magistrate decided that the appellant is occupying Karabinobino 686a/1 which is registered in the name of the respondent. The respondent is therefore entitled to have the appellant removed from the land.

Mr Tebweao has argued vigorously to the contrary relying on what has been done in the past but the fact remains that his client is occupying land registered in the name of the respondent. As the Single Magistrate decided, the respondent is entitled to have the appellant removed from it. The appeal is dismissed.

The Hon Robin Millhouse QC
Chief Justice

Betero Kaitangare
Magistrate

Raratu Ieita
Magistrate