Teema v Ruabine [2003] KIHC 147; Land Appeal 31 of 1998 (14 November 2003)

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

High Court Land Appeal 31 of 1998

Between:

NEI KIMEATA TEEMA
Appellant

And:

TEN TANAIRA RUABINE
Respondent

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

Date of Hearing: 14 November 2003

JUDGMENT
(Ex Tempore)

The point of this appeal is that one of the five magistrates sitting was the brother of the respondent. Although the appellant knew this she did not know that she could object to his sitting on the case. A relation of a party should not take part in deciding a case: it would not be fair and would not be seen by others as fair: the magistrate could be biased in favour of his relative.

Even though the point was not taken earlier it is decisively in the appellant's favour and we allow it to be taken now.

The appeal is allowed, the decision of the magistrates quashed. The case is returned to be heard by magistrates none of whom is a relative of either party.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate