Inatio v Inatio [2008] KICA 5; Land Appeal 5 of 2008 (20 August 2008)

In the Kiribati Court of Appeal
Land Jurisdiction
Held at Betio
Kiribati

Land Appeal No 5 of 2008

Between:

Iaon Inatio
Emma Inatio
Appellants

And:

Biriuaiti Inatio
Respondent

Before: Tompkins JA
Fisher JA
Smellie JA

Counsel: Karotu Tiba for appellants
Raweita Beniata for respondent

Date of Hearing: 14 August 2008
Date of Judgment: 20 August 2008

JUDGMENT OF THE COURT

This is a land appeal from the High Court in its appellate jurisdiction in respect of a decision of the Kuria magistrates’ court. As such it is governed by section 10(1)(b) of the Court of Appeal Act, so that we have to be satisfied that the appeal involves a question of law before it can be entertained.

The judgments in the magistrates’ court (CN 43/03) and the High Court, (Land Appeal 60/03) are economical in content and in respect of the former somewhat difficult to understand. Nonetheless this court is satisfied after careful consideration of the record and counsels’ submission that no question of law emerges that would give us jurisdiction.

The magistrates’ court heard evidence and decided to confirm the respondent’s occupation of the land upon which his house stands and its immediate surrounds. The appellants were anxious to go back to an earlier High Court decision (HCLA 146/86 Meren Inatio v Biriuaiti Inatio – the respondent) which although referred to in the decisions mentioned in the second paragraph of this judgment is not a foundation for either of them.

The decision under appeal was correct in our judgment. The ratio decidendi of which is to be found in the penultimate paragraph of the High Court decision reading:

"The magistrates heard the evidence and fixed the boundaries. Apart from the appellants’ complaint there is nothing to show that the magistrates made any error (of law)".

The appeal is dismissed. Costs to the respondent to be agreed or fixed by the Registrar.

Tompkins JA
Fisher JA
Smellie JA