Aubeia v Mataio [2003] KIHC 146; Land Appeal 63 of 2003 (14 November 2003)

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

High Court Land Appeal 63 of 2003

Between:

NARUAI AUBEIA
Appellant

And:

URIA MATAIO
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Mr John O'Sullivan

Date of Hearing: 14 November 2003

JUDGMENT
(Ex Tempore)

The magistrates came to the land, did not accept the boundary desired by either party and fixed their own. They were entitled to do that but only having given the parties the opportunity to make submissions on the boundary they proposed to fix. That being so we do not think the decision should stand. The case should be heard again: on the rehearing, if the magistrates propose to fix a boundary not suggested by either party, the magistrates should give each party an opportunity to submit argument on it before coming to a final decision.

Appeal allowed: case returned to the magistrates for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate