Reiti v Rotaria [2001] KIHC 31; Land Appeal 63 of 1998 (27 April 2001)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Land Appeal 63 of 1998

Between:

TABITA IENRATU
Appellant

And:

TEMATANG ROTARIA
URIAM REITI
MEERE ERIUTA (HEADTEACHER AROTOKOTOKO)
BAURIRI MATAUEA
CHIEF LANDS OFFICER
Respondents

Mr Banuera Berina for Tabita Ienratu
Ms Taoing Taoaba for Tematang Rotaria & Bauriri Matauea
Mr Neil Allen for Uriam Reiti
Mr Kirata Komwenga for Meere Eriuta & Chief Lands Officer

Date of Hearing: 27 April 2001

JUDGMENT
(Ex Tempore)

Mr Berina has argued eloquently each of the three grounds of appeal in the Notice of 7 August 1998. Eventually however he conceded that only the first was of substance. He could not say that the determination was contrary to that in C/N 47/77 – a case not mentioned to the magistrates – his third ground. He had to concede that the second ground was a matter of fact: it was for the magistrates to assess and rely on the evidence before the court, map or otherwise.

As to the first and Mr Berina's strongest ground we have come to the conclusion that this too is a matter of fact. His complaint is that the magistrates relied on a coconut tree as the boundary and did not give the parties an opportunity to put arguments about it. As Mr Allen pointed out the Court was on the ground and able to see for itself: it was entitled to rely on the coconut tree having seen that it was marked.

That being so, all grounds of appeal fail.

We dismiss the appeal.

	THE HON ROBIN MILLHOUSE QC CHIEF JUSTICE
TEKAIE TENANORA MAGISTRATE			BETERO KAITANGARE MAGISTRATE