Tekataba v Mamau [2003] KIHC 113; Land Appeal 20 of 2001 (8 October 2003)

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

HIGH COURT LAND APPEAL 20 OF 2001

BETWEEN:

TOKAMAEN TEKATABA
APPELLANT

AND:

AMI MAMAU, BUREAUA NARUAI
RESPONDENTS

FOR THE APPELLANT: MR BANUERA BERINA
FOR THE RESPONDENTS: MS TAOING TAOABA

DATE OF HEARING: 8 OCTOBER 2003

JUDGMENT
(Ex Tempore)

The Single Magistrate part heard this case and adjourned it for further hearing. On 14 August 2000 the applicant was present in person but the respondents and their lawyer, Mr Berina, were not. According to the minutes the Court viewed the site where this exchange took place:

Q: Where are the respondents?

A: I don't know.

Q: Do they aware of this?

A: Their lawyer Banuera who came and delivered this summon and he also with Tokamaen and they mentioned that the boundary determination has been changed today.

The Single Magistrate then gave his decision.

The appellants complain that they knew nothing of this date for the resumption of hearing: Mr Berina cannot remember ever having delivered a summons and points out it would be most unusual for him to do so.

The hearing should not have continued in the absence of a party, the more so when a decision was given against that party.

The appeal is allowed, the decision of the Single Magistrate quashed and the case returned to the Magistrate's Court for hearing by another Single Magistrate.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE