Bireta v Mataroa [1996] KIHC 51; HCLA 239.89 (24 July 1996)

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

HCLA 239/89

BETWEEN:

BOREREI BIRETA
Appellant

AND:

N. MONTA MATAROA
Respondent

The Appellant in person
Mr D Lambourne for the Respondent

JUDGMENT

This is an appeal against a boundary determination made by the land magistrates' court in case 90/89.

The boundary had in fact been determined in favour of the respondent in case no. 7/74. The appellant appealed that decision to the Lands Commission Appeals Panel which dismissed the appeal and left it to the lower court to install the boundaries. That is what the lower court did in case 90/89.

We note from the record that the magistrates went to the site in dispute. The respondent pointed out to them the boundary which had been determined by the LCAP and the appellant accepted that this was so. The magistrates then proceeded to lay the boundary stones.

It appeared to us when listening to the appellant's argument today that she had a very poor memory of those previous proceedings. She certainly has not established that any error was made by the land magistrates' court. As we can find nothing wrong with its decision the appeal must fail.

The appeal is dismissed accordingly.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(24/07/96)

TEKAIE TENANORA
Magistrate
(24/07/96)

BETERO KAITANGARE
Magistrate
(24/07/96)