Trustees of the Church of Jesus Christ of Latter Day Saints v Tekautu [2002] KIHC 44; Land Appeal 33 of 2000 (15 November 2002)

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

High Court Land Appeal 33 of 2000

Between:

TRUSTEES OF THE CHURCH OF
JESUS CHRIST OF LATTER-DAY SAINTS
Appellants

And:

UKENIA TEKAUTU
Respondent

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

Date of Hearing: 15 November 2002

JUDGMENT
(Ex Tempore)

Application for leave to appeal out of time granted. Fourth ground of appeal added.

The Court has found this a difficult matter. The Single Magistrate acknowledged that he should follow the boundary as fixed in CN 14/84. The appellants say this boundary was marked two years later by survey beacons. The Single Magistrate seems not to have been satisfied that the beacons were placed accurately to shew the boundary. Ms Hibling's instructions are that the Magistrate has not noted or taken into account evidence regarding the beacons: the boundary has now been drawn in an irregular pattern. She invites us to see for ourselves. Mr Berina argues that the Single Magistrate has done the best he could with the evidence before him. We are unwilling ourselves to go on the land and undertake the task of fixing the boundary. We think that there should be a rehearing before another magistrate when hopefully both parties will be represented by lawyers. The parties in 1999 did not have lawyers.

The decision of the Single Magistrate is quashed and the case returned for hearing again by another Single Magistrate.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE