Natabu v Aretateta [1997] KIHC 65; HCLA 016.91 (1 August 1997)

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

HCLA 16/91
HCLA 67/95

BETWEEN:

BERUTI NATABU
Appellant

AND:

NEI TEERA ARETATETA
Respondent

Appellant in person
Mr D Lambourne for the Respondent

Date of Hearing: 22 July 1997

JUDGMENT

Although allocated two case numbers, there is only one appeal. HCLA 67/95 is a duplicate of HCLA 16/91.

The appeal is against a boundary determination made by the Arorae Magistrates' Court (Lands) on 19 September 1990 in case No. 12/90.

This is another of those cases where the Arorae magistrates have failed to follow standing instructions to provide a sketch plan with the decision when the matter to be decided is a boundary determination.

It is clear from the minutes of the hearing in the lower court that the magistrates went to the location of the disputed boundary where a number of witnesses pointed out various features of the location, including the positions of the boundaries of certain adjoining owners, the position of a ditch containing an old boundary stone, and the position of a boundary apparently fixed by the Lands Commission.

Where all of these things are placed in relation to one another we cannot tell without the assistance of a sketch plan. The result is that we are unable to say whether or not the decision of the magistrates' court was supported by the evidence.

In the circumstances, we have no alternative but to order a retrial.

The appeal is therefore allowed and the decision of the magistrates' court set aside. The case is remitted for retrial and the magistrates are directed to provide a sketch plan with their decision.

THE HON R B LUSSICK
Chief Justice
(01/08/97)

TEKAIE TENANORA
Magistrate
(01/08/97)

BETERO KAITANGARE
Magistrate
(01/08/97)