Bakoa v Tauman [2004] KIHC 144; Land Appeal 56 of 2003 (17 June 2004)

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

High Court Land Appeal 56 of 2003

Between:

BABONITI BAKOA
Appellant

And:

TIMAU TAUMAN
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 17 June 2004

JUDGMENT

Mr Berina argues that the Single Magistrate has wrongly held his client bound by the decision in CNBD 51/96. The Single Magistrate so decided because the predecessor in title of the appellant was present at the hearing in 1996 and gave evidence. However he was not a party in that case and therefore had no opportunity to present argument to the Court. Had he been a party the Single Magistrate would have been quite correct and the present appellant would be bound by the decision. As his predecessor in title was not a party then the appellant is not bound by the 1996 decision.

Mr Berina asks that the case be sent back to the Magistrate's Court for hearing again as the Single Magistrate made a decision mistaken in law.

We accept Mr Berina's argument.

The appeal is allowed: the decision of the Single Magistrate quashed and the case returned to the Magistrate's Court for hearing again in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate