Kabuaika v Iaoniman [1988] KIHC 4; Land Appeal 06 of 1988 (27 May 1988)

IN THE HIGH COURT OF KIRIBATI
BERU

HCLA 6/88

BETWEEN:

NEI IANETA KOBUAIKA
Appellant

-v-

KIATOA IAONIMAN
Respondent

27 May 1988

This is an appeal from case BU LB 2/87 which was a boundary case. The case does not show in respect of which lands the boundaries were settled or the names of the lands concerned. We have visited the scene and seen the boundaries set up by the Court. In our view the decision has very little value as a guide to the future because none of the lands are named and there is no plan as there should be.

Moreover people affected were not summoned. We set aside the decision given in case BU LB 2/87 and order a retrial with all persons who might be affected by the land boundarys summoned. The lands dealt with and affected by the decision are to be named, and a plan showing the boundaries in relation to nearby land owners to be drawn.

R.G. Topping
Judge

Toka Tibau
Land Magistrate

Betero Kaitangare
Land Magistrate