Bareti v Tooma [2003] KIHC 114; Land Appeal 26 of 2002 (8 October 2003)

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

High Court Land Appeal 26 of 2002

Between:

TEINGIA BARETI
Appellant

And:

RAKUNOUA TOOMA
Respondent

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Taoing Taoaba

High Court Land Review 4 of 2003

Between:

TEINGIA BARETI
Applicant

And:

RAKUNOUA TOOMA
Respondent

Mr Amten/O'Sullivan for Teburantaake Kaei
and Timeon Teriba - Applicants

Date of Hearing: 8 October 2003

JUDGMENT
(Ex Tempore)

All parties agree that the decision in case 40/01 should be quashed and that there should be a rehearing at which all parties, the original parties and the applicants for review, should be present. Order accordingly: the appeal is allowed, the order of the Single Magistrate quashed and the case returned to the Magistrates' Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate