Bureaua v Ioane [2003] KIHC 6; Land Appeal 43 of 1997 (13 January 2003)

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

High Court Land Appeal 43 of 1997

Between:

TENANOITI BUREAUA & ORS
Appellants

And:

UEARA IOANE
Respondent

For the Appellants: Ms Emma Hibling
Respondent served but no appearance: said to be on Aranuka or Kuria

Date of Hearing: 13 January 2003

JUDGMENT
(Ex Tempore)

In 1993 the Magistrates approved the will of Bureaua Kaitu which had been made on 1 April 1993. There was no appeal from the approval.

In 1997 in fresh proceedings the Single Magistrate purported to reverse the decision of the Magistrates given in 1993. He did not have jurisdiction to do so. One magistrates' court cannot overrule the decision of another magistrates' court. By 1997 an appeal from the 1993 decision was well out of time. The only appropriate course in 1997 would have been to seek a review by the High Court. This was not done.

The appellants appeal against the 1997 decision. The approval of the will, given in 1993, must stand. The appeal is allowed and decision given by the Single Magistrate in 1997 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate