Terenga v Itaaka [2002] KIHC 26; Land Appeal 16 of 2001 (31 May 2002)

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

High Court Land Appeal 16 of 2001

Between:

AMBO TERENGA
Appellant

And:

TARAITEBURE ITAAKA
Respondent

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Emma Hibling

Date of Hearing: 31 May 2002

JUDGMENT
(Ex Tempore)

The boundary in dispute was partly fixed in CNBD 39/96 in that the Single Magistrate fixed the boundary on the ocean side as running from a stone, marked in the sketch plan. No boundary point was fixed on the lagoon side. Conversely as Ms Hibling has pointed out, in C/N 306/00 the Single Magistrate fixed the boundary on the lagoon side by referring to double coconut trees. The earlier decision is the one which will prevail.

As well Mr Berina complains that the Single Magistrate did not take account of the pit register in making his decision.

The appeal is allowed and the case remitted for hearing again for the boundary, from ocean side to lagoon side, to be fixed after reference to the pit register and by reference to the stone on the ocean side.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE