Naboieta v Kirawatu [2003] KIHC 144; Land Appeal 96 of 1990 (14 November 2003)

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

High Court Land Appeal 96 of 1990

Between:

EITA NABOIETA
Appellant

And:

ETERA KIRAWATU
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr John O'Sullivan

Date of Hearing: 14 November 2003

JUDGMENT
(Ex Tempore)

Ms Taoaba has taken instructions from the son of the late appellant. Mr O'Sullivan has seen on Tarawa the daughter of the respondent who is in the Phoenix Islands but he has no instructions.

The Court is not prepared to let this appeal lie any longer.

The land is out in the bush: the respondent's land vacant. The son of the appellant is observing the old boundary which is the boundary of most advantage to him.

The Court thinks the only solution is to allow the appeal and quash the decision of the magistrates. This will allow the present situation to continue in law as in fact.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate