Iabeta v Moniara [2001] KICA 3; Land Appeal 10 of 2000 (3 April 2001)

IN THE KIRIBATI COURT OF APPEAL
LAND JURISDICTION
HELD AT BETIO, KIRIBATI

Land Appeal No. 10 of 2000

BETWEEN:

KORERE IABETA
Appellant

AND:

TIINA MONIARA
NONOURI TAKIRUA
Respondents

Before: Casey JA
Bisson JA
Tompkins JA

Counsel: Mr T Teiwaki for the appellant
Mr B Berina for the respondents

Date of Hearing: 3 April 2001
Date of Judgment: 3 April 2001

JUDGMENT OF THE COURT

[1] This is an appeal from the decision of a Single Magistrate on the grounds that the appellant's complaints concerned matters of facts which were only for the Magistrate to find. The Court said that it could not interfere and dismissed the appeal on that basis. Under s.75(1) of the Magistrates' Courts Ordinance 1977 Cap. 52 it is clear that a general appeal lies from any judgment or decision of a Magistrate's Court to the High Court in any land cause or matter.

[2] The problem we saw in this case is that the notice of appeal to the High Court was based solely on the ground that the Single Magistrate erred in law in allowing the defendants to determine the boundary of the land and in locating the land in the way described in the judgment. The third ground alleged that the verdict was against the weight of evidence. It seems to us that the High Court may have been influenced by the fact that the appeal was put forward as one on questions of law only in the first two grounds set out in the notice, and that led it to dismiss the appeal because only questions of fact appeared to be in issue.

[3] We discussed the matter with Counsel who accepted that this was not a satisfactory way to dispose of the matter. It is clear that any appeal to this Court can only be on a question of law. It seems preferable to us that the matter should be remitted to the High Court to re-hear the appeal from the Magistrate, on the basis that the grounds of appeal are to be taken as alleging error of fact and law. That will allow the real issues between the parties to be properly determined. Mr Berina quite properly expressed himself as not opposed to such a reference. We allow the appeal to that extent.

Result

Appeal allowed and order remitting the matter to the High Court for hearing.

Casey JA
Bisson JA
Tompkins JA