Momo v Taau [2003] KIHC 53; Land Appeal 23 of 2003 (12 May 2003)

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

High Court Land Appeal 23 of 2003

Between:

KABURE MOMO
Appellant

And:

TAKAWAU TAAU
Respondent

For the Appellant: Ms Jacquiline Huston
For the Respondent: Mr Aomoro Amten

Date of Hearing: 12 May 2003

JUDGMENT
(Ex Tempore)

The appellant complains that the judgment against him in this case, given on 28 December 2000, reverses a judgment to the contrary given in a previous case on 23 June 2000. Mr Amten, for the respondent, has conceded that it does. One magistrate's court does not have the jurisdiction, has n power, to give a judgment contrary to a judgment given earlier by another magistrate's court. Therefore the judgment in December 2000 from which this appeal is brought, cannot stand and we must allow the appeal. What the respondent should have done was to appeal against the first judgment: instead the respondent started another case. That was a mistake.

The appeal is allowed and the judgment given on 28 December 2000 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate