Kiariari v Kanoan [1997] KIHC 42; HCLA 188.90 (9 June 1997)

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

HCLA 188/90

BETWEEN:

KIARIARI, TETAIKI & ORS
Appellants

AND:

KATARAKE MA KANOAN
ERENE TEBUANNA
Respondents

Mr B Berina for the Appellants
Mr D Lambourne for the Respondents

Date of Hearing: 9 June 1997

JUDGMENT

Counsel for the respondents concedes that there were a number of unsatisfactory points in the decision of the court below and does not contest this appeal. However, counsel for the respondent emphasises that this is not to be taken as a concession that the sons and daughters should receive equal shares of the estate in issue.

The appeal is allowed and the case is remitted to the magistrates' court for retrial.

THE HON R B LUSSICK
Chief Justice
(09/06/97)

TEKAIE TENANORA
Magistrate
(09/06/97)

BETERO KAITANGARE
Magistrate
(09/06/97)