Titara v Kaboua [1996] KIHC 50; HCLA 172.90 (23 July 1996)

IN THE HIGH COURT OF KIRIBATI
HELD AT MARAKEI
(BEFORE THE HON R LUSSICK C.J.)

HCLA 172/90

BETWEEN:

KAEWANIBWEBWE TITARA
Appellant

AND:

BURANIBWEBWE KABOUA
IAKOBA KABOUA
Respondents

Appellant in person
Mr D Lambourne for the Respondents

JUDGMENT

This is an appeal against a boundary determination made by the Land Magistrates' Court. The appellant's grounds of appeal are that she is not happy with the decision because a house belonging to Uein and a pit, both of which she thought were on her land, are now on other land.

It is clear from the record that the lower court fixed that boundary only after quite extensive proceedings. The court first heard the sworn evidence of the appellant and a witness for the appellant, then the evidence of the respondent and two witnesses for the respondent. The court was unable to decide on the evidence thus far and so called on four other persons from adjoining properties to give evidence. The court also went to the site to inspect the boundary in dispute.

It was only after considering all of this evidence that the lower court arrived at its decision. We are not prepared to interfere with that court's findings of fact. The appellant has not demonstrated to us that the magistrates fell into error.

Accordingly, the appeal must fail and will be dismissed.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(23/07/96)

TEKAIE TENANORA
Magistrate
(23/07/96)

BETERO KAITANGARE
Magistrate
(23/07/96)