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Beretiata v Matiera [2004] KIHC 286; Land Review 12 of 2004 (29 December 2004)

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

High Court Land Review 12 of 2004

Between:

TINAKAM BERETIATA FOR TIROKAINGA MATIERA
Applicant

And:

NATEITI MATIERA
Respondent

For the Applicant: Mr Banuera Berina
For the Respondent: Ms Botika Maitinnara

Date of Hearing: 29 December 2004

JUDGMENT
(Ex Tempore)

The question at issue is the paternity of the applicant, a 14 year old boy. The note we made on 12 November should be read in conjunction with these reasons.

[The applicant is the mother of Tirokainga who is 14. She claims him to be the natural son of Matiera Amitong deceased. The respondent is the legitimate child of Matiera: she claims she had no knowledge of the boy. She went to the Court (in relation to her father’s estate to have land transferred (CNTK 59/04)) in the absence of the boy. Now sought to review 59/04 because of his lack of representation.

Mr Berina to file an affidavit from his client substantiating his instructions as above.]

Mr Berina has now filed an affidavit from Tinakam Beretiata the mother of the applicant: annexed is the copy of the applicant’s birth certificate which shews Matiera as father.

Counsel are agreed that the question of paternity should be tried out in the Court below and taken into account in a reconsideration of the distribution of Matiera’s estate.

For the present all we need do is to quash the decision in the court below so that a new start may be made.

Appeal allowed: decision of the Single Magistrate quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate