Aukitino v Eria [2003] KIHC 119; Land Appeal 30 of 2003 (22 October 2003)

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

High Court Land Appeal 30 of 2003

Between:

TIOTE AUKITINO
Appellant

And:

TEREAUA ERIA
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Mr Banuera Berina

Date of Hearing: 22 October 2003

JUDGMENT
(Ex Tempore)

In CN 670/93 the Magistrates' Court confirmed the sale by the appellant's father of some land. The appellant in these proceedings 22/03 claimed that he had become aware of the 1992 transaction only two years before beginning this case. He claimed that the sale in 1992 left insufficient land for the appellant and his brothers and sisters. The appellant was inviting the Magistrates' Court to overturn the decision of another Magistrates' Court. That, as the Single Magistrate correctly said, cannot be done. Nor should it be done on appeal.

Mr Berina, for the respondent, suggested that the only course for the appellant would be to seek, well out of time, a review of the 1992 decision. We say nothing about that.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

RARATU IEITA
Magistrate