Tabeata v Tabeata [2010] KICA 19; Land Appeal 08 of 2010 (18 August 2010)

IN THE KIRIBATI COURT OF APPEAL
LAND JURISDICTION
HELD AT BETIO

Land Appeal No 8 of 2010

BETWEEN:

ATANTEATU TABEATA AND KATEITI TABEATA
APPELLANT

AND:

TAMAITI TABEATA AND OTHERS
RESPONDENT

Before: Tompkins JA
Fisher JA
Williams JA

Counsel: Maere Kirata for appellants
Botika Maitinnara for respondents

Date of Hearing: 16 August 2010
Date of Judgment: 18 August 2010

JUDGMENT OF THE COURT

[1] By consent there will be the following orders:

• [a] That the appeal against High Court Land Appeal no 97 of 2006 is allowed.
  
• [b] That the appeal against High Court Land Appeal no 58 of 2009 is allowed
  
• [c] The decisions of the Lands Court in cases 55 of 2006 and 78 of 2008 are quashed.
  

[2] There being no agreement as to costs, the court orders that there will be no order as to costs except that the respondents will pay the appellants' travelling expenses to be agreed or fixed by the Registrar.

Tompkins JA
Fisher JA
Williams JA