Ioteba v Abaiang Island Council [2004] KIHC 102; Land Appeal 02 of 2004 (14 May 2004)

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

Land Appeal 2 of 2004

Between:

N. TANANA IOTEBA
Appellant

And:

ABAIANG ISLAND COUNCIL
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Mr Birimaka Tekanene

Date of Hearing: 14 May 2004

JUDGMENT
(Ex Tempore)

The Magistrates' Court in its judgment did two things. First it quashed the existing lease: it was entitled to do that and the quashing of the lease stands. Secondly it directed the parties to negotiate and come to a fresh agreement: the parties have not been able to agree. People may be persuaded to agree but they cannot be forced to agree. Neither the magistrates' court or this court can force these parties to agree. Another course must be found.

The best, perhaps the only course is the one which Mr Berina has suggested: to quash that part of the Magistrates' decision directing a fresh agreement. It will then be for each party to take such action as may be advised.

The appeal is allowed to the extent of quashing that part of the Magistrates' decision that the parties ought to make a fresh agreement.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE