Kannangaki v Ruonamakin [1988] KIHC 2; Land Appeal 11 of 1988 (15 March 1988)

IN THE HIGH COURT OF KIRIBATI
BETIO

H.C.L.A. 11/88

BETWEEN:

UNARO KANNANGAKI
NEI MARIA KANNANGAKI
Appellants

-v-

NEI RUONAMAKIN
Respondent

15th March 1988

The appellants appeal against the judgement of the Magistrates Court Lands given in case BA 16/87 on 5th June 1987.

The Court fixed the boundary between Manoku 746(e) and (1). The whole proceedings are completely inadequate. The plan cannot be properly reconciled to anything. The appellants land is not shown and the only land shown belongs to Ieremia Tabai who we are told bought it from Nei Ruonamakin. It is clear that there has been at least one prior boundary settlement. The parties claim that they told the Court about this but no mention of it appears in the record, and no inquiry seems to have been made by the Court.

3 boundary stones are erected which cannot be related to the evidence of the parties and no reasons for the decision were given. The decision is quashed and there will be a retrial without further fee. The Court should inquire into past boundary settlements and abide by them.

R.G. Topping
Judge

Toka Tiban
Land Magistrate

Betero Kaitangare
Land Magistrate