Akoi v Kakiaman [2003] KIHC 206; Land Review 05 of 2002 (8 October 2003)

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

HIGH COURT LAND REVIEW 5 OF 2002

REGISTRATION ON TEBIKEINANO AFTER N. TAWAEA ATAUEA

BETWEEN:

KOIN AKOI
APPLICANT

AND:

NEI MELESIA KAKIAMAN FOR
THE ISSUES OF NEI KAMWEA ATAUEA
RESPONDENTS

APPLICANT IN PERSON
FOR THE RESPONDENTS: MR KATARAKE TEBWEAO

DATE OF HEARING: 8 OCTOBER 2003

JUDGMENT
(Ex Tempore)

This is an application for review of the decision 55/01. The applicant has appeared in person. She complains that she had an interest in the land in question but was not a party to the proceedings. The fats are complicated but it seems this lady may have an interest in the land. That being so she should have been heard. She was not and we conclude that our safest course is to order a rehearing at which all persons who may be interested in the land may be heard.

Having reviewed the case 55/01 we quash the decision of the Single Magistrate given on 18/05/01 and return the case to the Magistrate's Court for a fresh hearing at which the applicant and any others claiming an interest in the land may be heard.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE