Tannang v Tanentoa [2003] KIHC 165; Land Appeal 48 of 2001 (5 December 2003)

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

High Court Land Appeal 48 of 2001

Between:

MAUTAAKE TANNANG
Appellant

And:

INATIO TANENTOA
BONOTAITI TATAUA
TEMATAAKE TATAUA
TEARIA TATAUA
Respondents

For the Appellant: Mr Aomoro Amten
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 5 December 2003

JUDGMENT
(Ex Tempore)

Mr Amten argued two of the three grounds of appeal prepared by the late Mr Teiwaki who appeared for the present appellant in the Magistrate's Court.

The first ground is that the appellant either was not present at or was late for the hearing and did not know that the case was adjourned to another day. He could have made enquiries and did not. That he was not present when the case was heard was his responsibility. There is nothing in this ground.

The second ground is that the magistrate has made a decision contrary to the decision of the Magistrate's Court in CN 89/68. Having looked at that decision it seems that this ground has substance. The present decision would reverse or at least interfere with the earlier decision. One magistrate's court cannot reverse or change the decision of another magistrate's court, however long ago. This ground is sufficient to allow the appeal to succeed.

The appeal is allowed and the decision of the Single Magistrate quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate