Kabokia v Manikaai [2003] KIHC 93; Land Appeal 21 of 2001 (1 August 2003)

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

High Court Land Appeal 21 of 2001

Between:

TABARE KABOKIA
Appellant

And:

N. TIRIA MANIKAAI MT MM
Respondents

For the Appellant: Mr Banuera Berina
For the Respondents: Mr Aomoro Amten

Date of Hearing: 1 August 2003

JUDGMENT
(Ex Tempore)

It appears from his Reasons that the Single Magistrate was not aware this land or at least part of it was leased by the Government. The first of his reasons is:

The land belongs to the applicants.

No mention of a lease. The parties before him were not represented by lawyers and that may be why the Single Magistrate did not realize there was a lease.

Mr Amten now concedes that at least part of the land is leased.

The mistake is sufficient to make the judgment invalid.

The Single Magistrate's decision is quashed and the case returned to the Magistrates' Court for a fresh hearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate