Tabanou v Kaitangare [2003] KIHC 42; Land Appeal 10 of 1999 (7 April 2003)

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

High Court Land Appeal 10 of 1999

Between:

TEABO TABANOU
IAKOBA MATAINAMO
Appellants

And:

BETERO KAITANGARE WITH
BROTHERS & SISTERS
Respondents

For the Appellants: Ms Taoing Taoaba
For the Respondents: Mr Aomoro Amten

Date of Hearing: 7 April 2003

JUDGMENT
(Ex Tempore)

The appellants complain that the magistrate said the width of the land should be 8m at the ocean side as it is at the lagoon side and drew a sketch to that effect, yet he did not fix the boundary stones in the correct position.

Ms Taoaba can only suggest that the stones should have been fixed after a survey. Anyone with common sense should be able to measure a straight line 8m long. Ms Taoaba can point to no particular error made by the Single Magistrate. All she can say is that her client thinks the boundary turns inward: that is not sufficient to upset the Magistrate's decision. In the absence of evidence to shew the boundary has been incorrectly fixed, the appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

RARATU IEITA
Magistrate