Teitikai v Bwebwentaratai [2003] KIHC 167; Land Appeal 39 of 2001 (5 December 2003)

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

High Court Land Appeal 39 of 2001

Between:

AARON TEITIKAI
KABOTAU NAKAU
TIKATAAKE KABUMAROU
Appellants

And:

ALICE BWEBWENTARATAI
Respondent

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

Date of Hearing: 5 December 2003

JUDGMENT
(Ex Tempore)

Fraud may have affected the decisions of Magistrates' Courts going back as far as 1948. The Single Magistrate in this case was of the view that even though there had been fraud he had no jurisdiction to set aside the earlier decisions: only the High Court could do that.

As a rule one Magistrate's Court cannot make a decision contrary to a decision of another Magistrate's Court. The one exception to that rule is where fraud in the earlier case is shewn. The Single Magistrate was incorrect in his understanding.

The case should be heard again in the Magistrate's Court to allow the magistrate to come to a conclusion on the ground of fraud. If he concludes that there has been fraud then he may make a decision contrary to the earlier decisions affected by that fraud.

Appeal allowed: order 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