Teang v Koakoa [2002] KIHC 45; Land Appeal 22 of 2002 (15 November 2002)

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

High Court Land Appeal 22 of 2002

Between:

MANUA TEANG
Appellant

And:

TEKINA KOAKOA, TAAKE NABUTI,
IATAAKE KING
Respondents

For the Appellant: Ms Taoing Taoaba
For the Respondent: Ms Batitea Tekanito

Date of Hearing: 15 November 2002

JUDGMENT
(Ex Tempore)

Confusion has arisen because the Single Magistrate in the one proceeding has both fixed the boundary between lands 682e and 682a and also the establishment of the place of Iataake and Manua on the land 682e.

To avoid confusion there should be separate hearings to decide these two issues.

Our only course is to allow the appeal, quash the decision of the Single Magistrate and direct two separate hearings, the first to fix the boundary between 682e and 682a, the second to establish the area to be occupied by Iataake and Manua on 682e.

Order accordingly.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE