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Tamaroa v Itintaake [2004] KIHC 295; Land Appeal 36 of 2004 (31 December 2004)

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

High Court Land Appeal 36 of 2004

Between:

TEUEA TAMAROA
MATANG TEMARI MT MM
TIOTINA BITA MT MM
BENATETA EBERI MT MM
Appellants

And:

NENETAAKE ITINTAAKE
MIITA ITINTAAKE
Respondents

For the Appellants: Ms Taoing Taoaba
For the Respondents: Ms Jennifer Troup

Date of Hearing: 31 December 2004

JUDGMENT
(Ex Tempore)

The appellant complains that compared to his brothers and sisters he did not get a fair share in the distribution of the lands of his parents: the land he was given was too small and not fertile. That may be so but the magistrates made a distribution and we have no doubt did their best to distribute fairly.

Ms Troup complains that the question of the fertility of the land was not raised in the Magistrates’ Court and should not now be argued. Strictly that is correct but as well there is nothing expressed in the Code directing that fertility is to be taken separately into account.

We should not disturb the Magistrates’ distribution.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate