Iotebwatu v Tairoa [2003] KIHC 120; Land Appeal 13 of 2002 (22 October 2003)

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

High Court Land Appeal 13 of 2002

Between:

KANTEI IOTEBWATU
Appellant

And:

TETAU TAIROA MT
Respondent

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

Date of Hearing: 22 October 2003

JUDGMENT
(Ex Tempore)

The appellant complains that the Single Magistrate has not complied with the direction of the High Court in LA 11/1996. That direction was:

The land Teabanimate 779/e/1 is to be divided into six parts each with a width of 51.15m.

The Single Magistrate found that to comply and to divide the land into six parts each with a width of 51.15m, starting at the ocean side, he had to divide not only Teabanimate 779/e/1 but include 779/e/2 as well. That is what he has done. He has complied with the High Court direction, not gone against it.

The appellant's ground therefore fails. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate