Tekaai v Kioubu [2003] KIHC 265; Land Appeal 65 of 1998 (5 November 2003)

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

HIGH COURT LAND APPEAL 65 OF 1998

BETWEEN:

MOTIATA TEKAAI MK TEUE, TEMAUA,
KAUTU
APPELLANTS

AND:

TIROBA KIOUBU
RESPONDENT

FOR THE APPELLANTS: MR BANUERA BERINA
FORTH E RESPONDENT: MS JACQUELINE HUSTON

DATE OF HEARING: 5 NOVEMBER 2003

JUDGMENT
(Ex Tempore)

Mr Berina's complaint about the magistrates' judgment is that they had plucked the length of 36 fathoms 5 ft out of the air: there was nothing in the evidence to support it. After discussion Ms Huston pointed out that Taake Kamoriki in his evidence on 9 September 1998 said: "At the south, the boundary can be easily detected from the various indicators. The fathom is that one stated which is more than thirty-six". Mr Berina acknowledges that this is evidence for his client.

Mr Berina's objection to the decision fails. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE