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Ieita v Kamoi [2005] KIHC 20; Land Appeal 41 of 2002 (25 February 2005)

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

High Court Land Appeal 41 of 2002

Between:

RARATU IEITA
Appellant

And:

TOKANIKAI KAMOI
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Jennifer Troup

Date of Hearing: 25 February 2005

JUDGMENT
(Ex Tempore)

The appellant claimed on behalf of his family the ownership of land which was first registered in the name of the respondent in 1956. No claim was made until this case in 2001. Mr Berina’s complaint is that the magistrates in a very short decision in favour of the respondents did not consider the question of fraud which, if proved would have justified the Court in reconsidering the 1956 registration and perhaps setting it aside.

Mr Berina had to concede that there is not much, if any evidence of fraud. Ms Troup went further submitting that fraud was not raised in the court below.

An allegation of fraud is a serious matter and must be proved to the satisfaction of the court. That is a heavier onus than on the balance of probabilities. It was up to the appellant to bring evidence of fraud. That was not done. On the evidence before the magistrates they could not have found that there had been fraud in the 1956 case. Their decision should stand.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

TEMAUA TENANO
Magistrate