Antoon v Catholic Church [2002] KIHC 18; Land Appeal 44 of 1998 (4 October 2002)

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

High Court Land Appeal 44 of 1998

Between:

MARIA ANTOON
Appellant

And:

CATHOLIC CHURCH
AND ATTORNEY GENERAL
FOR CHIEF LANDS OFFICER
Respondents

For the Appellant: Mr Aomoro Amten
For the Respondents: Mr Banuera Berina

Date of Hearing: 4 October 2002

JUDGMENT
(Ex Tempore)

This is a difficult appeal in that the facts on which a decision must be based go back to the 1940's. Lands Commissioner Laxton at that time had the job of drawing boundaries on Betio. He did so recording them in an exercise book. Unfortunately for the resolution of this dispute those who have had to consult the book since have tried to follow Laxton's boundary but without success. In the late 1960's and early 1970's a surveyor named Steele – nearer to Laxton's time so with more chance of success – did his best to draw the boundary as nearly as possible to that which Laxton had drawn.

The Single Magistrate in her careful reasons has come to the conclusion on the balance of probabilities that she had no alternative but to accept the boundary drawn by Steele.

Having considered Mr Amten's written submissions, Mr Berina's oral submissions and having read carefully the Single Magistrate's reasons we have come to the conclusion that we must uphold her judgment.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE