Abera v Kaibakia [2003] KIHC 164; Land Appeal 18 of 2001 (5 December 2003)

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

High Court Land Appeal 18 of 2001

Between:

TEKIERA ABERA
KAKIAMAN EKEUEA
Appellants

And:

BURANGKE KAIBAKIA MT MM
Respondents

For the Appellants: Mr John O'Sullivan
For the Respondents: Ms Jacqueline Huston

Date of Hearing: 5 December 2003

JUDGMENT
(Ex Tempore)

The parties were not represented at a boundary determination. They all referred to minutes in a case in 1976 (in the transcript 1974) but the minutes were not produced, not before the Court. The Single Magistrate did not accept the evidence of the second appellant but Mr O'Sullivan says that the minutes would have confirmed the accuracy of Kakiaman's evidence.

We think the magistrate should have had the minutes before him. Had he been able to consult them it may have altered his decision. The matter should be returned to the Magistrate's Court for rehearing.

Appeal allowed, order of the Single Magistrate quashed: the case is returned to the Magistrate's Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate