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Temaua v Orea [2023] KIHC 51; Civil Case 30 of 2020; Miscellaneous Application 23 of 2023 (22 December 2023)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL CASE 30 of 2020
MISCELLANEOUS APPLICATION 23 OF 2023

BETWEEN
AIRIIN TEMAUA
Applicant

AND
BIRIBO OREA FOR ESTATE OF OREA KAIUEA
Respondent

Date of hearing 24 NOVEMBER 2023
Date of Judgment 22 December 2023

Appearances Ms. Batitea Tekanito for the Applicant
Ms. Taoing Taoaba for the Respondent

J U D G M E N T

1. This is an application to change the parties' names to include the Magistrate Court Beru and the Director of Lands.
   
2. The basis of the application is stated in the affidavit of the applicant which indicates that the Magistrate court in Beru had allowed the registration of the Respondent’s father over the plot Birimo 278-8 without the approval of the Director of Lands as required by the law.
   
3. Counsel for the Respondent opposed the application as it would cause a delay in disposing of the case. The involvement of the Director of Lands when he sent his letter of approval was clearly stated in the minutes of the proceedings of CN 2/95. The Respondent, through Counsel, argued that the Applicant should have considered involving the Director in 2020 when they first filed their application. Counsel further submitted that the matter was adjourned to South Tarawa when this case was first called in 2021 at the Applicant's request. Since then, the matter has been lying idle until the Applicant files this application.
   
4. After considering both submissions, I agree with the Respondent that this application would cause a delay in the hearing of this case. It took the applicant three years to think about this application. This is not fair to the Respondent, whose title has been questioned since 2020 and who has been waiting for the finality of this case since then.
   
5. For the above reason, the application is denied. The Applicant can explore other ways available to them by law to involve the Director of Lands.
   

Order Accordingly.

HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice