Mataro v Teannaki [1992] KIHC 12; Land Appeal 37 of 1991 (23 October 1992)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON F MUHAMMAD C. J.)

HCLA 37/91
HCLA 73/92

NEI BUREBO MATARO

VERSUS

NEI MARIA TEANNAKI & OTHERS

ORDER

There are 2 appeals both from the South Tarawa Magistrates Court, BA 249/92 and BA 10/91. Both these disputes are between the same parties and concerning the same land. It is convenient to deal with both of them at the same time.

Having heard arguments from both sides the only reasonable solution is that we refer back to the Magistrates with a direction that they should measure the whole land and wherever necessary re-establish the boundaries following the decisions in cases Nos 42/74 and 43/74. Once they have established the boundaries following those decisions they should be measured with the proper method of measurement instead of paces and fathoms and assistance of the Government Surveyor should be sought. The whole land should be surveyed and boundaries established and recorded by the survey plan.

THE HON F MUHAMMAD
CHIEF JUSTICE
(23/10/92)

TEKAIE TENANORA
MAGISTRATE
(23/10/92)

BETERO KAITANGARE
MAGISTRATE
(23/10/92)