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Baukin v Ienratu [2010] KIHC 123; High Court Civil Case 117 of 2010 (10 November 2010)

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

High Court Civil Case 117 of 2010

Between:

Baneawa Baukin
Benati Nenebati
Applicants

And:

Taie Kamanuka for Tabita Ienratu
1st Respondent

Okitawa Nantei Rubeia
2nd Respondent

Attorney General iro
Magistrates' Court
3rd Respondent

For the Applicants: Mr Banuera Berina
For the 2nd Respondent: Ms Abunaba Takabwebwe

Date of Hearing: 10 November 2010

JUDGMENT
(Ex Tempore)

Application for certiorari.

This is one of those unhappy situations in which neighbours have been in vigorous dispute over the boundary of their lands. The applicant was shewn a boundary in 1997 when she bought the land. She accepted that boundary and believes she has kept her developments of her land within it. She has sworn she did not know of a boundary determination in 2002 even though in 2007 the respondent came to her complaining about her – and her children's – encroachment over the boundary fixed in 2002. She simply rejected what he told her and the documents he shewed her. Likewise the respondents did nothing for another three years to evict her until they consulted the People's Lawyer a few months ago. It was only after receiving a lawyer's letter (Exhibit P1) that the applicant consulted her own lawyer and made this application.

After some hesitation I have come to the conclusion that I should extend the time within which to apply for certiorari. Time will be extended to 1 September 2010.

The best chance of bringing this dispute to an end is for a fresh boundary determination. I therefore grant the application. It will be for one of the parties to apply for a fresh boundary determination at the hearing of which both sides may be heard.

The application is granted: the decision in CNTT 2/2002 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice