Amitong v Kaitu [1996] KIHC 134; Land Appeal 32 of 1990 (30 January 1996)

IN THE HIGH COURT OF KIRIBATI
(BEFORE B SUTTILL C.)

HCLA 32/90

BETWEEN:

KATAOTAO AMITONG
Appellant

AND:

IOANE KAITU
Respondent

JUDGMENT

There are two appeals before us. The first is HCLA 32/90 which is an appeal from BA 416/89 whereby the appellant was ordered to pay $60.00 per annum for rent of Teaoraereke 7930/3. We are now informed that that derision is no longer being appealed. The appeal in HCLA 32/90 is accordingly dismissed.

The second appeal is HCLA 207/89 which is an appeal from BA 324/89 in which the magistrates refused to reopen a matter decided finally in HCLA 8/89. The grounds of appeal seek to upset that approach and they ask us to reopen HCLA 8/80.

We have been at pains to explain to the appellants that this court has no power to do this.

Decisions of the High Court in land matters were final in 1980 and not appealable to the Kiribati Court of Appeal let alone a court, as we are, of equal jurisdiction.

This appeal must fail and is accordingly dismissed.

B. SUTTILL
Commissioner
(30/1/96)

TEKAIE TENANORA
MAGISTRATE
(30/1/96)

BETERO KAITANGARE
MAGISTRATE
(30/1/96)