In the High Court of Kiribati
Land Jurisdiction
Held at Abaokoro
Republic of Kiribati

High Court Land Appeal 1 of 2000

Between:

Tiare Booti
Appellant

And:

Teteki Tibwe
Respondent

For the Appellant: Mr Neil Allen
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 10 April 2001

JUDGMENT
(Ex Tempore)

The case is remitted for hearing again by the Single Magistrate taking into account the evidence of both parties and their witnesses and any evidence which the magistrate may call of his/her own motion: the case should not be decided, as the magistrate appears to have done, merely by splitting the difference, except as a last resort.

	The Hon Robin Millhouse QC
Chief Justice		
Tekaie Tenanora
Magistrate		Betero Kaitangare
Magistrate