Burennatu v Bishop Mea [2003] KIHC 207; Land Appeal 66 of 2001 (8 October 2003)

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

HIGH COURT LAND APPEAL 66 OF 2001

BETWEEN:

BOKATU BURENNATU
APPELLANT

AND:

BISHOP PAUL MEA (ON BEHALF OF
THE CATHOLIC CHURCH
RESPONDENT

FOR THE APPELLANT: MS TAOING TAOABA
FOR THE RESPONDENTS: MR BANUERA BERINA

DATE OF HEARING: 8 OCTOBER 2003

JUDGMENT
(Ex Tempore)

The appellant's complaint is that he was not given a right of reply to Mr Berina's closing submissions on behalf of the respondent. The appellant had given evidence. Mr Berina did not call evidence but argued that the matter had been decided in case 155/85. Having looked at the minutes it is clear that the appellant, the opportunity to appeal and ask far a review of the decision having long passed, was anxious to upset the decision in 155/85. It is equally clear that he could not succeed. Perhaps he should have been given an opportunity to make submissions in answer to Mr Berina but there was nothing he could say to support his case. Substantial justice has been done. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE