Tiwere v Iokaara [2004] KIHC 212; Land Appeal 74 of 2003 (16 August 2004)

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

High Court Land Appeal 74 of 2003

Between:

BUIBUI TIWERI
(REP BY KAKIANAKO MANIKAAI)
Appellant

And:

TEBUKAA IOKAARA
(IRO CATHOLIC CHURCH)
Respondent

For the Appellant: Ms Jennifer Troup
For the Respondent: Mr Banuera Berina

Date of Hearing: 16 August 2004

JUDGMENT
(Ex Tempore)

It is unclear from the minutes of the hearing before the Single Magistrate whether the minutes in CN 648/92 were produced. They may have a bearing on the decision in the present case. They certainly should be considered by the Court. Both counsel agree that there should be a rehearing so that the minutes in 648/92 are considered.

Appeal allowed: decision of the Single Magistrate quashed and case returned to the Magistrate’s Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate