Arawatau v Onikitaake [2004] KIHC 194; Land Appeal 43 of 2003 (30 July 2004)

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

High Court Land Appeal 43 of 2003

Between:

MAMARA ARAWATAU
Appellant

And:

ATANTEITI ONIKITAAKE
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Mr Aomoro Amten

Date of Hearing: 30 July 2004

JUDGMENT
(Ex Tempore)

Mr Berina has referred us to the judgment and the decision of the Magistrates. It appears that they sent the parties away, discussed the case among themselves, called the parties back and gave judgment without hearing evidence. The case was a boundary determination but the judgment deals with payment for a coconut tree chopped down. The parties should have been given the opportunity to call evidence and then a boundary determination made. It appears that the proceedings have miscarried. The appeal will be allowed and the decision of the magistrates quashed.

The case is returned to the Magistrates’ Court for rehearing. Mr Berina told us that this is not the first time appeals have come to the High Court over this piece of land. He asked that the rehearing be before a Single Magistrate. The Court will arrange for a Single Magistrate to hear the case.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate