Re Temoia Kaeka [1999] KIHC 34; HCLR 01.99 (19 July 1999)

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

HIGH COURT LAND REVIEW 1/99

TEMOAI KAEKA
APPLICANT

JUDGMENT ON REVIEW

This application for review is made by the People's Lawyer on behalf of Nei Tina Kabure, wife of the deceased Kabure Ioane who owned the land Tuangaona 67e/1 at Aranuka. He died leaving 5 children. There has as yet been no distribution of the land.

Within that land is pit number R660 owned by Temoai Kaeka. On 2 February 1999 Temoai applied to the Aranuka Magistrates' Court (Lands) in case No. 93/99 to determine the boundaries of the pit. The minutes of that hearing show that the reason for his application was that the owners of Tuangaona 67e/1 had filled in the pit in order to get rid of it. It follows from what Temoai told the lower court that there must have been some dispute between the pit owner and the land owners, probably in relation to the size of the pit or its location.

In any event, for some reason which the magistrates did not state in their judgment, they decided to determine the boundaries of the pit solely on the evidence presented by Temoai, without the land owners being present. The land owners clearly had an interest in the proceedings and they should have been given an opportunity to be heard. It was a miscarriage of justice for the hearing to proceed in their absence.

We therefore set aside the decision of the magistrates' court and order that the matter be remitted for retrial in the presence of all land owners or their representatives.

THE HON R B LUSSICK
Chief Justice
(19/07/99)

TEKAIE TENANORA
Magistrate
(19/07/99)

BETERO KAITANGARE
Magistrate
(19/07/99)