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High Court of Kiribati |
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
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URL: http://www.paclii.org/ki/cases/KIHC/2003/40.html