Tiaterenga v Kairaku [1997] KICA 9; Land Appeal 10 of 1996 (25 March 1997)

IN THE COURT OF APPEAL OF KIRIBATI
LAND JURISDICTION

LAND APPEAL NO. 10 OF 1996

BETWEEN

ATANIMOA TIATERENGA
Appellant

AND

TOMINIKO KAIRAKU
Respondent

Date of Hearing: 21 March 1997
Delivery of judgment: 25 March 1997

Mr D Lambourne for the Appellant
Mr B Berina for the Respondent

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

It appears now that this matter can be disposed of by consent. I shall now read what I take to be order to which the parties consent and if they do not consent to it they can indicate accordingly. Subject to that it is ordered by this court that the appeal be allowed, and that the boundary determination be set aside. It is directed that the magistrates re-hear the matter fresh. It is declared that the magistrates are not bound either by the statement of the High Court or by the earlier findings of the magistrates court.

SIGNED BY
Gibbs VP
Connolly Judge of Appeal
Ryan Judge of Appeal