Kienene v Tion [2004] KIHC 108; Land Appeal 39 of 2003 (20 May 2004)

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

Land Appeal 39 of 2003

Between:

NEI ARITAAKE KIENENE
Appellant

And:

NEI TEAIORO TION MT MM
Respondents

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Jennifer Troup

Date of Hearing: 20 May 2004

ORDER
(Ex Tempore)

The Magistrates' Court ordered the eviction of the appellant from land owned by the respondent. A building of the appellant's was claimed to be encroaching on the respondents' land. Whether it was encroaching or not depends on where the true boundary may be.

In HCLAs 37/91 and 73/92 the Court presided over by Muhammad CJ and of which our brother Betero was member, ordered that this boundary be fixed. For some reason unknown, the order has never been carried out: Mr Berina assures us from his personal knowledge that it has not been. Until it is then it cannot be certain whether the appellant's building is encroaching on the respondents' land or not.

The case is sent back to the Magistrate' Court to comply with the Order in HCLAs 37/91 and 73/92. A Single Magistrate having fixed the boundary is to report his/her decision to this Court by Friday 19 November.

Order of eviction stayed. For mention in this Court on 17 June.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

TEIKAUEA TEOTI
MAGISTRATE