Itinikaai v Iennang [2003] KIHC 49; Land Appeal 02 of 2000 (28 April 2003)

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

High Court Land Appeal 2 of 2000

Between:

TIMAU ITINIKAAI FOR ISSUES OF
TIONE TUTU & OTHERS
Appellants

And:

KAREKEITI IENNANG
CHIEF LANDS OFFICER
Respondents

For the Appellants: Mr Aomoro Amten
For 1st Respondent: Mr Banuera Berina
For 2nd Respondent: Mr Birimaaka Tekanene

Date of Hearing: 28 April 2003

JUDGMENT
(Ex Tempore)

The nub of Mr Amten's complaint, as shewn in the amended grounds of appeal is that the surveyor's evidence, on which the Single Magistrate relied, was unreliable. Mr Amten expanded this point in his written submissions. Mr Berina supported by Mr Tekanane, has pointed out that the original survey was made in 1954. The surveyor said that the estimate of area in the Land Register is just that, an estimate. There is nothing to shew that the Single Magistrate should not have relied on the surveyor's evidence. She saw and heard the surveyor and the other witnesses and felt able to rely on what the surveyor said. It is difficult to upset on appeal a finding based on evidence in the court below which was accepted.

We are not prepared to do so in this case.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate