In the High Court of Kiribati
Land Jurisdiction
Held at Betio
Republic of Kiribati

High Court Land Appeal 15 of 2004

Between:

Atinta Tekemau
Appellant

And:

Temaia Ereata
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr Banuera Berina

Date of Hearing: 31 December 2004

JUDGMENT
(Ex Tempore)

The appellant’s brother Antonio Tekemau sold land to the respondent and a court confirmed the sale (CNTT365/03). Antonio told that court he was the owner of the land. So he was but he was owner with his brothers and sisters of whom the appellant is one. The respondent bought the land, we must assume, in good faith, accepting that he could purchase it from Antonio.

The Single Magistrate decided that he could not upset a decision of the court which confirmed the sale and purchase. He refused the appellant’s claim.

Mr Berina’s argument for the respondent is that his client is innocent of any fraud: bought the land in good faith and for valuable consideration. His title should not now be put in jeopardy. The fraud was in the other party to the transaction not in him. The brothers and sisters have a remedy against Antonio.

With some difficulty because whichever way we decide the losing party will feel aggrieved we have come to the conclusion that we should not disturb the Single Magistrate’s decision. We accept the substance of Mr Berina’s submissions. Ms Taoaba’s client and brothers and sisters should consider what action they may be able to take against Antonio.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate