Tekabu v Bamatang [2003] KIHC 257; Land Appeal 01 of 2001 (19 September 2003)

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

HIGH COURT LAND APPEAL 1 OF 2001

BETWEEN:

TITIROU TEKABU
APPELLANT

AND:

N. TAAUN BAMATANG, TERETIA ROBUTI
N. AKEE BAMATANG
RESPONDENTS

FOR THE APPELLANT: MR BANUERA BERINA
FOR THE RESPONDENTS: MR AOMORO AMTEN

DATE OF HEARING: 19 SEPTEMBER 2003

JUDGMENT
(Ex Tempore)

This is an appeal from the decision of a Single Magistrate given in 1998. The substantial ground of appeal is that the Single Magistrate made a decision contrary to a previous decision, that in case 431/93 when the name of the appellant Nei Titirou Tekabu was registered as owner. That decision stood unchallenged and gave the appellant title.

Mr Arnten for the respondents has challenged the decision in 431/93 but has suggested nothing to support his challenge which accordingly fails.

The Single Magistrate did not have jurisdiction to override the decision in 431/93 which must stand. The appeal is allowed and the decision of the Single Magistrate is quashed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE