Itaaka v Amoe [2002] KIHC 50; Civil Appeal 70 of 2001 (13 December 2002)

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

High Court Civil Appeal 70 of 2001

Between:

WILLY ITAAKA
Appellant

And:

RIMETI AMOE FOR ITINIMATANG
Respondent

For the Appellant: Ms Batitea Tekanito
For the Respondent: Mr Aomoro Amten

Date of Hearing: 13 December 2002

JUDGMENT
(Ex Tempore)

This appeal is over the ownership of a canoe. The appellant believed he had bought it for $200 from Betenia. Betenia approached him to buy it: the magistrates found Betenia was drunk at the time. The appellant paid Betenia $20 then and the balance of $180 a few days later.

The respondent, the true owner, as found by the magistrates, then came along and complained that Betenia did not own the canoe, let alone have any right to sell it. The magistrates upheld the complaint.

Ms Tekanito does not suggest that the magistrates have found the facts incorrectly. On those facts they have come to a correct decision as a matter of law. The property in the canoe has always been in the respondent. It was not Betenia's to sell.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE