Bakaa v Tiaon [2004] KIHC 137; Land Appeal 200 of 1990 (9 June 2004)

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

High Court Land Appeal 200 of 1990

Between:

MERITA BAKAA
Appellant

And:

TAMOAIETA TIAON
Respondent

For the Appellant: Ms Taoing Taoaba
No Appearance by Respondent

Date of Hearing: 9 June 2004

JUDGMENT

In all cases which we have been hearing on Maiana the parties were notified over the radio. Of all parties the respondent is the only party not to have appeared.

This is a very old matter. The Magistrates' Court gave its decision on 6 April 1990. Ms Taoaba tells us her instructions are that the babai pit is still in being. The appellant is using it but neither the respondent nor anyone on his behalf is. Rather than let the case drag on any longer we should come to a decision.

Ms Taoaba in her amended grounds of appeal complains that the magistrates did not hear all evidence before coming to a decision. She asked that there be a rehearing.

The appeal is allowed: the decision of the Magistrates' Court quashed and the case returned for rehearing.

The respondent is said to be on Tarawa: he must be notified, preferably in person but if his address be not known, by radio. The Magistrates' Court, once satisfied that the respondent has been notified in person or by radio and has had a reasonable opportunity to come to Maiana for the hearing should proceed with the fresh hearing even if the respondent is not present. They should come to a decision on the evidence presented by the appellant.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate