Teawaki v Ititaake [2003] KIHC 126; Civil Appeal 06 of 2003 (24 October 2003)

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

High Court Civil Appeal 6 of 2003

Between:

KIRIMAUA TEAWAKI
Appellant

And:

TABEKATARAWA ITITAAKE
Respondent

For Appellant: Ms Taoing Taoaba
For Respondent: Mr Aomoro Amten

Date of Hearing: 24 October 2003

JUDGMENT
(Ex Tempore)

It appears that the Magistrates heard this case in the absence of the appellant and gave judgment against him. That was not the correct way to proceed. No case should be heard in the absence of a party.

The appeal is allowed. The decision of the Magistrates' Court of 10 July 2003 is quashed as also the order for imprisonment of the appellant. The case is returned to the Magistrates' Court on North Tarawa for hearing again in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice