Tebwebwe v Kiaman [2004] KIHC 145; Land Appeal 61 of 2003 (17 June 2004)

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

High Court Land Appeal 61 of 2003

Between:

TAKENATERAOI TEBWEBWE
Appellant

And:

MAUERERE KIAMAN
TOROMON IARO
KIRATANUEA
Respondents

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

Date of Hearing: 17 June 2004

JUDGMENT

There is a very curious because unexplained feature of this case. In the Single Magistrate's vernacular judgment he has drawn a family tree. The Magistrate seemed to regard what he had drawn as a copy of the family tree drawn by the Lands Commission in 1948. Yet the two trees are quite different: many more persons are shewn on the Magistrate's tree than on the 1948 tree. There is no reference in the minutes to explain where the Single Magistrate's tree came from: whether from a document tendered by a party or from somewhere else: nor any explanation as to why it is different from the 1948 tree.

Mr Berina complains about the Single Magistrate's use of the family tree and that it has caused the Single Magistrate to come to a wrong conclusion.

It would be unsafe to let this decision stand. We therefore allow the appeal, quash the decision of the Single Magistrate and return the case for rehearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate