Babiano v Tinga [2004] KIHC 21; Land Review 10 of 2003 (30 January 2004)

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

Land Review 10 of 2003

Between:

TINGA BABIANO
Applicant

And:

MWANGA TINGA
Respondent

For the Applicant: Ms Taoing Taoaba
No appearance by Respondent

Date of Hearing: 30 January 2004

JUDGMENT
(Ex Tempore)

The applicant's natural children complain that their father Tiinga Babiano went to the Court without their knowledge but in Court he said that they were consenting to his adopting Keetia. The Single Magistrate thereon made an order.

The applicants should have been notified of the hearing and have been given an opportunity to be heard. As they were not the Single Magistrate's order may not stand.

Appeal allowed. The case is returned to the Magistrate's Court for rehearing by another magistrate. All parties interested, including the two present applicants, to be notified and given an opportunity to be heard.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE