Tekiari v Tamaiti [2003] KIHC 17; Land Appeal 57 of 2002 (13 January 2003)

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

High Court Land Appeal 57 of 2002

Between:

ROOTE TEKIARI
Appellant

And:

N. TIMEA TAMAITI
Respondent

For the Appellant: Ms Emma Hibling
For the Respondent: Mr Aomoro Amten

Date of Hearing: 13 January 2003

JUDGMENT
(Ex Tempore)

The appellant went to the Court to have her boundary confirmed. She received the land by way of exchange some time after 1949 and the boundary was marked after a boundary determination in the 1950's. Those boundary marks have disappeared. Her aim in going to the magistrates this time was to have the boundary
re-established precisely and definitely. Unfortunately the magistrates have merely said, "This Court confirmed the land marks which the Court had already established near the road to the north".

This is not sufficiently precise. If possible a sketch plan should be drawn to shew just where the boundary is.

Mr Amten has conceded that this should be done. The appeal is allowed and the case returned to the magistrates to make a decision describing exactly where the boundary is.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate