Iareta v Boboti [1997] KICA 25; Civil Appeal 02 of 1996 (25 March 1997)

THE COURT OF APPEAL OF KIRIBATI
CIVIL JURISDICTION

CIVIL APPEAL NO. 2 OF 1996

BETWEEN:

IARETA IARETA
Appellant

AND:

NIKUNAU BOBOTI
Respondent

Date of Hearing: 25 March 1997
Delivery of Judgment: 25 March 1997

Mr B Berina for the Appellant

JUDGMENT OF THE COURT
(Gibbs V.P., Connolly and Ryan JJ.A)

In this case the simple question was whether a lease by the appellant to the respondent extended to the eastern side of a road. The respondent had erected a building on the land on the eastern side. The appellant however said that he was absent on Nauru when this occurred. However the magistrates who inspected the lease document found that it did cover land on the eastern side of the roadway. The High Court confirmed this decision but it did not have the lease before it. We have been supplied with a copy of the lease by the court of Nikunau and it seems quite clearly to show that the land on the eastern side of the road is part of the leased area. In any case on the material before the court below it was certainly not shown by the appellant that the land on the eastern side of the roadway is not subject to the lease.

The appeal is dismissed.

Vice President
Judge of Appeal
Judge of Appeal