Tarabo v Tabutoa [2003] KIHC 248; Land Appeal 88 of 1997 (31 March 2003)

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

HIGH COURT LAND APPEAL 88 OF 1997

BETWEEN:

MIRIAM TARABO MT MM
(REP BY NAWAIA BWEBWENTEKAI)
APPELLANTS

AND:

REUE TABUTOA, SUSAN TABUTOA, TAIROA TIKERI
AND TEBAIO IOTEBATU
RESPONDENTS

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

DATE OF HEARING: 31 MARCH 2003

JUDGMENT
(Ex Tempore)

The Single Magistrate who heard this case finished his reasons by saying that the Court left it to the Lands and Survey Division to erect and set out the landowners' lands. There is no indication that any survey was ever made. Even if there were to be a survey, then after it was made evidence of it should have been given to the Court. Only then could the Single Magistrate give an explicit judgment. That did not happen. The Single Magistrate who heard the case is no longer a magistrate. All we can do is to send the case back for a complete rehearing. Appeal allowed: case remitted to the Magistrate's Court for rehearing.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE