Kaitangare v Timi [2003] KIHC 213; Land Review 08 of 2003 (6 June 2003)

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

HIGH COURT LAND REVIEW 8 OF 2003

BETWEEN:

BETERO KAITANGARE
APPELLANT

AND:

TERETIA TIMI
RESPONDENT

FOR THE APPELLANT: MR JOHN O'SULLIVAN
FOR THE RESPONDENT: MR BANUERA BERINA

DATE OF HEARING: 6 JUNE 2003

JUDGMENT
(Ex Tempore)

There are two cases: LA 8/03 is an appeal from the decision of a Single Magistrate: LA 37/03 is a request for review of the same decision by a lady who was not a party nor was she a witness.

From what we have been told, the Single Magistrate came to a proper decision on the evidence before him. Unfortunately that evidence did not tell the whole story. The Single Magistrate was not told that Nei Teaeae Akirewa claimed to be a co-owner with Betero Kaitangare of the land in dispute. She is incapacitated and not able to leave her house: the letter she wrote was not given to the court.

The lawyers for the parties have agreed that the matter should go back for rehearing with Nei Teaeae as a party and, if requested, the court going to her to hear her evidence.

The decision of the Single Magistrate is quashed and the case returned to the Magistrates' Court for a fresh hearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

RARATU IEITA
MAGISTRATE