Aritin v Tiaua [2003] KIHC 40; Land Appeal 03 of 2003 (4 April 2003)

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

High Court Land Appeal 3 of 2003

Between:

ARITIN AND THE ISSUE OF
KIAKIA TARAU
Appellant

And:

KATIRIA TIAUA FOR THE ISSUE OF
RABAUA BIRIKARERE
Respondent

For the Appellants: Ms Taoing Taoaba
For the Respondent: Mr Banuera Berina

Date of Hearing: 4 April 2003

JUDGMENT
(Ex Tempore)

The appellant complains that at the beginning of the hearing the Single Magistrate refused an adjournment to allow the appellant to call a particular witness. It seems from the transcript that the Single Magistrate refused the adjournment because the witness lived on Betio: could not be far away and should have been available that day. However at the end of the first day of hearing the Single Magistrate did allow an adjournment so that a further witness could be called. On a later date the appellant called someone else. The appellant now says that because the original application for adjournment was refused, he thought he could not call the person he had originally wanted to give evidence. The appellant's case is far too thin: it would be quite unfair to the respondent to send the matter back for rehearing.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate