Tinganga v Tebeia [2003] KIHC 172; Land Appeal 28 of 2002 (5 December 2003)

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

HIGH COURT LAND APPEAL 28 OF 2002

BETWEEN:

TATABU TINGANGA
APPELLANT

AND:

KIRAUTE TEBEIA
TEKITANGA AREE
RESPONDENTS

FOR THE APPELLANT: MR JOHN O'SULLIVAN
FOR THE RESPONDENTS: MS JACQUELINE HUSTON

DATE OF HEARING: 5 DECEMBER 2003

JUDGMENT
(Ex Tempore)

The outcome of this matter depends on the identity of two people called Ikaati. There were years ago two Ikaati and there is doubt as to which of them was the ancestor of the parties.

Without making any specific finding of fraud the Single Magistrate decided that the court was in error in identifying the correct Ikaati. She set aside the earlier decision.

Ms Huston argues that there must have been fraud even though fraud was not found. Without a definite and explicit finding of fraud the Single Magistrate had no power to make a decision contrary to the earlier decision.

The appeal will be allowed and the order of the Single Magistrate quashed. The case will be returned to the Magistrate's Court for rehearing to allow it to consider particularly the suggestion of fraud and to make a finding on it.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE