Ruaia v Iotia [2004] KIHC 131; Land Appeal 154 of 1990 (8 June 2004)

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

High Court Land Appeal 154 of 1990

Between:

BAKANEBO RUAIA
Appellant

And:

NABARURU IOTIA
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 8 June 2004

JUDGMENT

The basis of the appeal is that the magistrates did not allow the parties the opportunity to argue their cases and in particular to make submissions about a decision of the Land Commission to which the magistrates refer in their judgment. The magistrates mention that the boundary had been dealt with by the Land Commission but say no more than that.

It would be unsafe to let the decision stand. The present magistrates should give each party the opportunity to shew where that party says the boundary should be and if either party wishes to argue whether the proper boundary was that fixed by the Land Commission.

Appeal allowed: case returned to the magistrates for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate