Katokita v Ioane [2003] KIHC 131; Land Appeal 23 of 2000 (31 October 2003)

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

High Court Land Appeal 23 of 2000

Between:

BURERA KATOKITA
Appellant

And:

TEREREI IOANE
Respondent

For the Appellant: Mr John O'Sullivan
For the Respondent: Ms Jacqueline Huston

Date of Hearing: 31 October 2003

JUDGMENT
(Ex Tempore)

The lawyers are agreed that the proceedings in CN B61/99 are irregular. The Single Magistrate purported to go against the decision of a Magistrate's Court in 1994. The lawyers are agreed that this appeal should be allowed. Mr O'Sullivan says that his client lodged an appeal in 1994 but it was never heard and the Notice has not been found. That being so Mr O'Sullivan has now on behalf of the appellant applied for a review of the 1994 decision.

Appeal allowed: order of the Single Magistrate quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate