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Itinimone v Ioane [2001] KIHC 34; Land Appeal 21 of 1998 (27 April 2001)

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


High Court Land Appeal 21 of 1998


Between:


KATARAKE ITINIMONE
Appellant


And:


TERAKA IOANE
Respondent


For the Appellant: Mr Aomoro Amten
No appearance of the Respondent


Date of Hearing: 27 April 2001


JUDGMENT
(Ex Tempore)


No appearance by or for the respondent whom the Court notes was served on Abaiang on 20 April.


Mr Amten asks that the case be sent back to the magistrates to decide on the evidence presented to them rather than, as appears to be the case, simply dividing "down the middle" the difference between the competing versions put forward by the land owners.


Order accordingly.



THE HON ROBIN MILLHOUSE QC

CHIEF JUSTICE


TEKAIE TENANORA

MAGISTRATE

BETERO KAITANGARE

MAGISTRATE


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