Tabeaua v Mauea [1996] KIHC 83; HCLA 031.90 (25 July 1996)

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

HCLA 31/90

BETWEEN:

TIAON TABEAUA
Appellant

AND:

TORERE MAUEA
Rep by Araieta Torere
Respondent

Appellant in person
Respondent in person

JUDGMENT

This is an appeal against a boundary determination made by the land magistrates' court in case No. 5/90.

The hearing was conducted at the site in dispute. The respondent was represented by Araieta Torere who arranged for a person named Tiabe to demonstrate the boundary to the magistrates. Tiabe also gave sworn evidence about the boundary. The lower court also heard sworn evidence from the appellant who also indicated to the court the position of the boundary according to his claim.

At that stage the magistrates decided that they should hear evidence from other landowners and so called a person named Temango. He testified that his land and the respondent's land are in fact the one piece of land with the same boundary.

After hearing the sworn evidence, the magistrates then inspected the land registers which showed that the respondent's land is twice the size of the appellant's land.

We cannot find any fault in the proceedings in the lower court. The magistrates quite obviously took considerable care with their decision, which was that the boundary indicated by the respondent was the correct one. That decision is fully supported by the evidence. In our view, the boundary claimed by the appellant, as shown on the sketchmap annexed to the decision, is a most unlikely one.

We see no reason to interfere with the findings of fact made by the lower court. The appellant has failed to demonstrate to us that the magistrates were in error in any way.

The appeal is therefore dismissed.

Right of appeal explained.

THE HON R B LUSSICK
Chief Justice
(25/07/96)

TEKAIE TENANORA
Magistrate
(25/07/96)

BETERO KAITANGARE
Magistrate
(25/07/96)