Beroi v Kiritian [2006] KICA 15; Land Appeal 02 of 2006 (26 July 2006)

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

Land Appeal 2 of 2006

BETWEEN:

TAKEE BEROI
FOR VIANE TAKEE
Appellant

AND:

BATOROMAIO KIRITIAN
Respondent

Before: Hardie Boys JA
Tompkins JA
Fisher JA

Counsel for Appellant: Taoing Taoaba
Counsel for Respondent: Banuera Berina

Date of Hearing: 22 July 2006
Date of Judgment: 26 July 2006

JUDGMENT OF THE COURT

[1] This appeal is against a judgment of the High Court dismissing an appeal from a Single Magistrate on a boundary determination.

[2] The Chief Justice concluded his judgment by saying:

Having read the Single Magistrate’s judgment we can see no errors of fact which would justify us in quashing her decision.

[3] There are five grounds of appeal. One is that the Magistrates’ Court decision was based on a wrong survey map produced by the Land and Survey Department which purported to show the boundary of the land.

[4] This is a new point. There is no mention of it in the record of the High Court proceedings, nor in the judgment of the Chief Justice. It cannot be entertained in this Court. Moreover, it raises an issue of fact, as indeed do the other four grounds of appeal.

[5] An appeal to this Court lies only on a question of law. The issues in this case being purely factual, we cannot embark upon them .The appeal is therefore dismissed. The respondent is entitled to costs, to be taxed unless the parties agree.

Hardie Boys JA
Tompkins JA
Fisher JA