Tarieta v Tunna [2004] KIHC 138; Land Appeal 38 of 1997 (9 June 2004)

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

High Court Land Appeal 38 of 1997

Between:

TEKAIE TARIETA
Appellant

And:

KARAKAUA TUNNA
Respondent

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

Date of Hearing: 9 June 2004

JUDGMENT

The respondent conceded this appeal after Ms Taoaba handed up fresh grounds of appeal as follows:

1. The magistrates erred in law in erecting the boundary without hearing evidence from both parties.
   
2. The magistrates erred in law in erecting a boundary not supported by evidence.
   

The appeal is allowed: the decision of the magistrates given on 23 January 1997 quashed and the case returned to the Magistrates' Court for rehearing.

The Magistrates' Court should be careful to allow each party to present his witnesses to give evidence. Only when all the evidence has been heard should a decision be reached.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate